West Virginia Record

Thursday, April 9, 2020

Man sues Pullman Square for injuries from escalator

Federal Court

By Kyla Asbury | Mar 23, 2020

Pullman
Pullman Square | Wikimedia Commons

HUNTINGTON — A man is suing the owner of Pullman Square for injuries he sustained when he was thrown back on an escalator.

Metropolitan Huntington is doing business as Pullman Square.

Edward Clevenger was at Pullman Square on Feb. 13, 2019, to shop and was on the escalator when it suddenly stopped and threw him backward without warning, according to a complaint filed in Cabell Circuit Court and removed to U.S. District Court for the Southern District of West Virginia on March 19.

Clevenger claims he was injured when the escalator threw him and he lost his balance and fell part-way down the escalator.

As a result of the fall, the plaintiff received several severe injuries, including extensive lacerations abrasions, a broken clavicle and a head injury, according to the suit.

Clevenger claims Metropolitan Huntington had a duty to exercise ordinary care to keep and maintain the escalator at Pullman Square in a reasonably safe condition and failed to do so.

The defendant's actions caused Clevenger to sustain serious and permanent injuries and loss of enjoyment of life, according to the suit.

Clevenger claims he incurred medical bills for his care and treatment and he suffered physically, emotionally and mentally.

Clevenger is seeking compensatory damages with pre- and post-judgment interest. He is represented by Scott S. Segal and Jason P. Foster of The Segal Law Firm in Charleston.

Metropolitan Huntington argues that the case exceeds the state court limit for damages and, because of that, should be in federal court. The company also argues that because it is an Ohio company, the case belongs in federal court due to the diversity of jurisdiction.

Metropolitan Huntington is represented by Kelly Calder Mowen and Edward A. Smallwood of Litchfield Cavo.

U.S. District Court for the Southern District of West Virginia case number: 3:20-cv-00195

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U.S. District Court for the Southern District of West Virginia

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