06/09/2011 // WPB, FL, USA // Personal Injury Lawyers News // Nicole Howley

Auburn, MA — A wrongful death lawsuit has been filed in connection with the death of a 4-year-old Massachusetts boy, who sustained fatal injuries after falling from an escalator in the Sears Department Store at the Auburn Mall, reported MyFoxBoston.com.

The DiBona family filed the wrongful death lawsuit in the Worcester Superior Court Wednesday, June 8, 2011, in response to the death of their son, Mark DiBona, who died after the March 11 incident.

As previously reported in “4-year-old Killed in Sears Escalator Accident at Auburn Mall,” Mark DiBona, 4, fell through the gap between the up and down escalators at the department store. The boy fell nearly 18 feet before landing on a display case inside of the store. Responding emergency crews rushed the victim to the University of Massachusetts Medical Center, Memorial Campus for treatment of his life-threatening injuries. But on Saturday, DiBona succumbed to his injuries and was pronounced dead.

The wrongful death lawsuit named Sears, Roebuck & Co, Simon Property Group Inc. a present and former subsidiary of Simon Property Group, Schindler Elevator Corporation and Botany Bay Construction as the defendants.

The wrongful death lawsuit asserts that the replacement escalators that were installed created a dangerous condition between the escalator and the railing at the mall.

The DiBona family issued a statement regarding the wrongful death lawsuit. The statement read, “The lawsuit won’t bring Mark back, but they can try to ensure that no other family has to endure the same kind of pain and loss.”

The wrongful death lawsuit is seeking unspecified damages.

Legal News Reporter: Nicole Howley-Legal news for Massachusetts wrongful death lawyers.

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