Clay couple sues after escalator incident at Town Center mall

CHARLESTON -- A Clay couple is suing Forest City Enterprises, Inc., and Industrial Elevator Maintenance, Inc.

On Dec. 14, 2009, Cindy Dunlap was a non-trespassing entrant at the Charleston Town Center and was injured as a result of a malfunctioning and/or defective escalator that was supposed to be maintained by the defendants, according to a complaint filed July 6 in Kanawha Circuit Court.

Dunlap claims the defendants breached their duty of reasonable care by allowing her to suffer severe bodily injury.

The defendants failed to maintain the escalator in a reasonably safe condition, according to the suit.

Dunlap and her husband, Roger Dunlap, are seeking compensatory damages with pre- and post-judgment interest. They are being represented by Thomas H. Peyton.

The case has been assigned to Circuit Judge James C. Stucky.

Kanawha Circuit Court case number: 11-C-1127