Montgomery Elevator Co. v. McCullough Ex Rel. McCullough

LEIBSON, Justice.

This is a products liability case. On February 24, 1979, Kevin T. McCullough, a ten-year-old boy, was riding the down escalator in the Shillito’s Department Store at the Florence Mall Shopping Center in Florence, Kentucky, when the tennis shoe on his right foot was caught up and crushed into the space between the treads and the side skirt of the escalator. He suffered a crushing, cutting injury which resulted in the amputation of the big toe on his right foot.

The escalator in question was purchased by Federated Department Stores, which owns and operates Shillito’s, from…