Personal Injury

Girl’s Accidental Finger Amputation Triggers Lawsuit Against Grocery Chain

escalator photo by myfoxphilly 375x210 Girl’s Accidental Finger Amputation Triggers Lawsuit Against Grocery ChainThe parents of a girl who suffered an accidental amputation of her fingers on a grocery store escalator have filed a lawsuit against the company and an escalator parts manufacturer.

According to court documents reviewed by Salt Lake City’s KUTV Channel 2, plaintiff Silvia Zamora was shopping at the Smith’s Marketplace grocery store in the Central City district of Salt Lake City, Utah, in September when the accidental amputation occurred.

Ms. Zamora was using the store’s self-checkout when her 3-year-old daughter wandered around the other side of the checkout, KUTV reported, citing court documents.

Ms. Zamora didn’t realize her daughter wasn’t with her until she heard her scream. She ran around the other side of the register and saw her daughter at the bottom of the store’s escalator, “surrounded by a pool of blood,” the lawsuit explains.

The escalator wouldn’t shut off and its safety switches wouldn’t engage even with the child’s fingers caught in the comb plate. The escalator stayed in motion until an employee turned it off.

According to KUTV, court documents say that state inspectors found the escalator had missing or broken comb teeth and advised the store to have it repaired in September 2015. However, those repairs were never made, the lawsuit alleges, meaning the escalator was out of compliance for two years.

Ms. Zamora collected her daughter’s fingers and drove her to a hospital where surgeons made several attempts to reattach them, but all of those efforts were unsuccessful, the lawsuit states, according to KUTV.

Ms. Zamora and her husband are seeking both economic and non-economic damages for their daughter for medical bills that piled up following the amputation and for “pain and suffering, severe emotional distress and mental anguish, disfigurement, and loss of enjoyment of life,” among other things.