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MONTGOMERY ELEVATOR CO. v. McCULLOUGH

676 S.W.2d 776 (1984)

MONTGOMERY ELEVATOR COMPANY, Appellant, v. Kevin T. McCULLOUGH, A Minor by his Parent and Next Friend, M. James McCULLOUGH, Jr. and Federated Department Stores d/b/a Shillito's Department Stores, Appellees. Kevin T. McCULLOUGH, a Minor, by his Parent and next friend, M. James McCULLOUGH, Jr., Appellant, v. MONTGOMERY ELEVATOR COMPANY and Federated Department Stores d/b/a Shillito's Department Stores, Appellees.

Supreme Court of Kentucky.

Rehearing Denied October 25, 1984.

Attorney(s) appearing for the Case

Robert C. Cetrulo, Covington, for appellant/Montgomery Elevator.

Joseph W. Gelwicks, Cincinnati, Ohio, for appellee/Federated Department Stores.

Lanny R. Holbrook, Cincinnati, Ohio, for appellee/Kevin T. 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...

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