Bianca v. Sears, Roebuck & Co.

Plaintiff, a minor, sued to recover for personal injuries sustained when her hand was caught in the return rail opening of an escalator in a store owned by defendant Sears, Roebuck and Co. (hereafter referred to as Sears). Sears had contracted with defendant Otis Elevator Co. (Otis) for the maintenance of the escalator, and Sears filed a counterclaim against Otis based on that contract. The facts follow.

On November 2, 1964, plaintiff accompanied her family on a shopping trip to the Sears Store at Irving Park and Cicero Avenue in Chicago. Plaintiff was then five years of age. An escalator,…