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PENNSYLVANIA RECORD

Monday, May 20, 2024

Fall through the floor leads to lawsuit against nonprofit

State Court
Talaricorichard

Richard Talarico for the plaintiff

PITTSBURGH - A lawsuit in the Allegheny County Court of Common Pleas against nonprofit The Club at Nevillewood seeks compensation for husband and wife Michael and Angela Smail following injuries sustained by Michael Smail in November 2019.

The suit alleges that in late November 2019, Michael Smail was on the premises leased by the nonprofit at 1000 Nevillewood Drive in order to work on a kitchen installation project. While following an electrical cord to find an outlet, Smail alleges that he opened a door and stepped into a darkened room, promptly falling through an uncovered hole in the floor.

Smail’s alleged injuries included multiple rib fractures and contusions of his liver and right lung. Smail also alleges that he has suffered anxiety, post-traumatic stress disorder, chronic rib pain and thoracic spine pain in addition to a variety of forms of bruising to other areas of his body.

In seeking damages, Angela Smail also alleges that she has suffered monetary and personal injuries due to her husband’s ongoing problems related to the incident. Those include both the loss of her husband’s income and the expenses related to providing him care.

Both are seeking damages in excess of the jurisdictional limits of compulsory arbitration, as well as court costs.

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