Jury Verdict Submission & Research

J.V., a ten-year old girl, was shopping at a Macy's Inc. department store in Garden State Plaza Mall in Paramus, NJ on Aug. 16, 2013 with her mother Nora Valdez and her little brother B.V. The family got on an escalator in the store that had reportedly recently been inspected and/or repaired by Thyssen Krupp Elevator America Inc. J.V.'s right foot got trapped, crushed, and torn apart on the escalator. As her foot got trapped in the comb plate, the escalator kept moving, pulling her leg deeper. A passerby hit the emergency stop button and he and another passerby worked to remove the escalator plates and extricate J.V.'s leg. J.V.'s foot and leg are permanently damaged. She underwent 13 orthopedic, vascular and plastic surgeries in an effort to save her foot and leg. There remained a significant risk that her foot and ankle will have to be amputated if the surgeries and skin grafting are not successful.

On Oct. 7, 2013, J.V., a minor, by her Guardian Ad Litem Juan Valdez, and Juan Valdez, Nora Valdez, individually, and B.V., a minor, by his Guardian Ad Litem Juan Valdez, filed a complaint in the United States District Court for District of New Jersey against Macy's, Thyssen Krupp, John Doe 1-10 (fictitious names), and ABC Corp. 1-10 (fictitious names). Plaintiffs asserted claims for negligent maintenance and repair against all defendants; for negligent supervision by Macy's of Thyssen Krupp; for negligent infliction of emotional distress against all defendants; for breach of its repair contract by Thyssen Krupp to which plaintiffs were third-party beneficiaries, for parental loss of consortium and services against all defendants; for punitive damages against Macy's; and for a per quod claim by Juan Valdez. Plaintiffs sought economic and noneconomic damages, interest, and costs.

The parties reached a settlement. On May 16, 2016, the parties attended a friendly settlement hearing before Magistrate Judge Cathy L. Waldor. On the same day, Magistrate Judge Waldor entered final judgment asto J.V. and B.V. According to newspaper reports, Macy's agreed to pay $ 15,000,000 to settle the action.

For more information on the case, Lexis Advance subscribers can view the full summary here: J.V., a minor, by her Guardian Ad Litem Juan Valdez, and Juan Valdez, Nora Valdez, individually, and B.V., a minor, by his Guardian Ad Litem Juan Valdez, v. Macy's Inc., Thyssen Krupp Elevator America Inc., John Doe 1-10 (fictitious names), and ABC Corp. 1-10 (fictitious names); 2016 Jury Verdicts LEXIS 3301

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Downloads: JV v. Macy's Complaint NJ Fed.pdf