National Football League

Giants Stadium escalator accident suit can proceed

Published Feb. 16, 2011 4:22 p.m. ET

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An appeals court has ruled that a lawsuit over an escalator accident at the former Giants Stadium can proceed.

A fan on the escalator, Thomas DiBartolomeo, sued the New Jersey Sports and Exposition Authority and the Schindler Elevator Co. The sports authority operated the stadium; Schindler maintained the escalator.

A judge dismissed both lawsuits. But Wednesday's appellate ruling revives the suit against the sports authority.

The accident occurred Oct. 1, 2006, after a New York Jets game against Indianapolis.

The suit describes how the escalator sent fans tumbling down on top of each other. It claims a Schindler mechanic had previously expressed concerns to the sports authority about overloading.

A sports authority spokesman won't comment on pending litigation.

Another escalator malfunctioned after a game in December 2007, sending five people to the hospital.

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