IBJNews

Simon sues insurance companies over fatal escalator accident

Back to TopCommentsE-mailPrintBookmark and Share

Simon Property Group Inc. has filed suit against two insurance companies in an attempt to recoup damages relating to an escalator accident at Circle Centre mall in 2009 that led to the death of a Texas FFA delegate.

Simon, along with its Circle Centre Mall LLC entity, is suing Schaumburg, Ill.-based Zurich American Insurance Co. and Greensburg, Pa.-based Old Republic Insurance Co. in Marion Superior Court for unspecified damages.

The two firms insured escalator servicer Schindler Elevator Corp. at the time of the fall in October 2009. Police reports at the time said Philip Caler, a Texas FFA delegate in Indianapolis for the agricultural organization’s national convention, suffered critical injuries when he fell about 40 feet from an escalator near the third floor of the mall.

Caler, 20, died in September 2013 from his injuries, which included damage to his spine and brain.

In 2011, Caler’s parents filed suit against Simon, the mall, and the escalator company, among others, seeking damages due to their negligence, according to Simon’s complaint against the insurance companies.

Simon and Circle Centre settled the suit in July 2013 with help from their insurance company, XL Insurance America Inc. But Simon and Circle Centre claim in their complaint against Zurich and Old Republic that the two insurance companies failed to follow through on promises that they also would provide coverage to help with losses.

“As a result, Circle Center and Simon have been forced to institute this action to recover what should have been routine payments under the applicable policies,” their lawyer, Gregory A. Neibarger of Bingham Greenebaum Doll LLP, wrote in the complaint.

Reached by phone, Neibarger declined to comment further. Representatives of Zurich and Old Republic did not immediately respond to requests for comment from IBJ on Friday.

Simon and Circle Centre are suing for breach of contract and bad faith.

ADVERTISEMENT

  • Huh
    This is weird that there was a lawsuit to begin with. Does every accident have to end in a lawsuit. The only negligance I could see if if the escalator wasn't properly maintained and it was uncovered during this investigation. Or if Simon was to install some "barrier walls" to make the escalator slightly enclosed with plexiglass. Thats the only thing that could have prevented this. However, I don't see that as negligance when those escalators have been like that for years. I'm sorry to say this, but was the child goofing off on the escalator like he shouldn't have been?
  • really?
    How was this ever a claim? This was a tragedy...but I don't get why the property owner would be at fault? Did the imaginary 24/7 limitless blanket of apparent responsibility take a tinkie break?

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in IBJ editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by
ADVERTISEMENT

facebook - twitter on Facebook & Twitter

Follow on TwitterFollow IBJ on Facebook:
Follow on TwitterFollow IBJ's Tweets on these topics:
 
Subscribe to IBJ
  1. The Walgreens did not get a lot of traffic. It was not located on the corner of the intersection, and not really visible from Emerson. Meanwhile the CVS there is huge and right on the corner. I am guessing a lot of people drove by a million times and never knew the Walgreens was there. Although, with the new Walmart market going in, that area could really see a lot of increase in traffic soon.

  2. You folks don't have a clue. There is a legal way to enter this country and to get aid. This left unchecked could run us to ruin quickly. I also heard that 'supporters' were getting major $$ to take them in? Who's monitoring this and guess who pays the bill? I support charitable organizations... but this is NOT the way to do it!

  3. Apparently at some time before alcohol has been served at the fair. The problem is that beer or wine used to be a common drink for people before soft drinks and was not thought to be that unusual. Since many folks now only drink to see how much they can drink or what kind of condition they can end up in it becomes more problematic. Go to Europe and its no big deal just as if you had sodas of milk to drink everyday. Its using common sense that is lacking now days.

  4. To address the epic failure of attracting race fans to both the Indy 500 and Brickyard 400 would take too much of my time to write. Bottom line Boles is clueless and obviously totally out of touch with the real paying fan base. I see nothing but death spin coming for the Brickyard, just like Indy. Get somebody in a place of power that understands what race fans want.

  5. I am a race fan through & through. It doesn't matter if it's Indy cars or Nascar. I love a great race. I go to several other tracks each year and you can see the entire track. I know Indy has tradition, but fans want to see the entire race. I sit in the Penthouse, am almost 60 years old, and would like to see a better TV screen in turn 1 so you can see the entire race. Then I think Indy needs to install an escalator so us old folks can make it up to the Penthouse and down again if we want more options to purchase food and drinks. Just a race fans opinion. Lights won't make the race any better, but you might be able to see the TV better at night. Turn 1's screen needs replaced with a better and bigger screen.

ADVERTISEMENT