PEABODY – The parents of a 2-year-old girl whose collarbone broke when a cabinet fell on her inside a Big Lots Store is seeking more than $770,000 in damages for negligence.Attorney David Aiello and his wife Samantha, 505 Lowell St., Peabody, filed a three-count court action this week in Salem Superior Court in behalf of their 2-year old daughter, Abigail, against Ohio-based Big Lots Stores, Inc.On May 23, the Aiello?s were shopping at the Danvers Big Lots at 10 Newbury St. when a large cabinet fell from a display that was about 8 inches from the floor.The cabinet landed on top of Abigail, “crushing her from her calves to her head,” the complaint states.The Aiello?s contend that the cabinet, as well as several other large pieces of furniture, were not secured in any way to the wall or the display.Immediately after the cabinet fell on the child, multiple customers and employees including the store manager quickly gathered around the family, but none of the employees nor the manager called an ambulance or authorities, Aiello says.The child broke her collarbone and injured her back, shoulder and neck, the complaint states.The lawsuit maintains that Big Lots had a duty to keep the premises in a “safe and suitable condition” for its customers. It goes on to say the discount chain breached its duty of care by failing to secure the dangerously positioned furniture items on display and that “such negligence would result in personal injury to lawful visitors.”The Aiello?s also say the store?s failure to notify police or an ambulance was negligent.In addition to the physical injury the girl sustained, the complaint maintains Abigail has also suffered psychological and emotional distress as a result of the accident.A trial before a jury is requested from the court to determine a just and proper amount of monetary damages.
