Woman sues JCPenney, elevator company after escalator malfunction

By Kyla Asbury | Dec 1, 2009

HUNTINGTON — A woman is suing JCPenney and Schindler Elevator Corporation after an escalator malfunctioned and injured her.

On Nov. 7, 2007, Dretta Green was shopping at JCPenney at the Huntington Mall and used the escalator to get up to the second floor, according to a complaint filed Nov. 4 in Cabell Circuit Court.

When Green was on the escalator, it malfunctioned and caused her personal injuries, according to the suit.

Green claims JCPenney breached its duty to operate and maintain its premises in a safe and careful manner and Schindler Elevator Corporation breached its duty to operate and maintain the escalator in a safe and careful manner.

Green is suing for compensatory damages for negligence. Thomas P. Boggs of Duffield, Lovejoy & Stemple is representing her.

The case has been assigned to Circuit Judge David M. Pancake.

Cabell Circuit Court case number: 09-C-879

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