Suit filed after cabinet falls on 2-year-old girl

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July 29, 2010

Store accused of negligence

By Julie Manganis Staff writer The Salem News Thu Jul 29, 2010, 05:23 AM EDT

PEABODY — A Peabody lawyer has filed suit against Big Lots after his 21/2-year-old daughter was crushed under a falling cabinet inside the Route 1 store in May.

David Aiello and his wife are seeking more than $770,000 in damages from the Ohio-based discount chain, including compensation for their daughter's injuries, pain and suffering and their own emotional distress and loss of consortium.

According to the complaint, filed earlier this week in Salem Superior Court, the Aiellos were shopping for furniture at a Big Lots on Route 1 in Danvers on May 23.

A large cabinet fell from an elevated riser display that was about 8 inches from the floor and landed on top of Abigail Aiello, "completely crushing her from her calves to her head," the complaint said.

A crowd of employees and other customers quickly gathered around the family, according to the lawsuit, but no one from the store, including the store manager, called police or an ambulance.

The girl suffered back, shoulder and neck injuries, including a broken collarbone, and was hospitalized. She is now recovering at home, but some of her injuries are believed to be permanent.

The Aiellos allege that the store was negligent because the cabinet and other large items on display were not properly secured, "creating a foreseeable danger" to customers. They also say the store's failure to notify the police or call an ambulance was negligent.

Employees of the store should have known or been trained not to display heavy items without securing them and to call 911 when a customer is injured, the lawsuit alleges.

Neither David Aiello nor a spokesman for Big Lots returned calls for comment yesterday.

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