PITTSBURGH – A Pittsburgh couple have filed a negligence lawsuit against Shaler Township, charging it with failing to protect their then-15-month-old child from burning their feet on a hot metal access door.
P.M. (a minor, by and through his parents and natural guardians, Paul R. McGrath and Lindsey Ruane) and Paul R. McGrath and Lindsey Ruane, individually, of Pittsburgh filed suit in the Allegheny County Court of Common Pleas on June 12 versus Shaler Township, of Glenshaw.
“The defendant, at all relevant times, owned, maintained, and supervised the Crawford Swimming Pool located at 1 Meyer Road, Glenshaw, Allegheny County, Pennsylvania 15116. This accident occurred on June 13, 2021 near the children’s splash park at the Crawford Swimming Pool located at 1 Meyer Road, Glenshaw, Pennsylvania. The claims in this count are brought pursuant to the exceptions to governmental immunity established by 42 Pa.C.S.A. Section 8542(b)(3),” the suit says.
“At the time of this accident, there existed a dangerous condition involving an underground access point for maintenance on the swimming pool. The access point to the underground maintenance area was covered with a thick metal door. At and for a considerable period of time prior to this accident, the defendant had under their ownership, either specifically or by implication, care, direction, supervision, control and maintenance, on its property at the Crawford Swimming Pool, an underground access point which was covered by a metal door, for maintenance on the swimming pool. Prior to and at the time of this accident, the defendant had employees, agents, servants, and workmen working in furtherance of the business interests of the defendant.”
The suit adds that the access panel covered by the metal door was located in a mulched area adjacent to the children’s splash park and due to the proximity of the metal access door to the children’s splash park, the defendant “knew or should have known that children were likely to walk across this area.”
“At the time of the accident, the minor plaintiff was 15 months old, and was playing within the children’s splash park area of the swimming pool when he walked across the thick metal door in his bare feet. The metal access door was scaldingly hot due to the conduction from the sun which caused severe burns to the bottom of minor plaintiff’s feet. Due to the burns on his feet, minor plaintiff fell onto the metal access door and severely burned his legs. Due to the severity of the burns, the minor plaintiff was taken to UPMC Children’s Hospital of Pittsburgh and later transferred to UPMC Mercy Burn Unit,” the suit states.
“By reason of the carelessness and negligence of the defendant, the minor plaintiff suffered severe and permanent injuries which consist of the following: (a) partial thickness burns to bilateral fee; (b) partial thickness burns to right leg; (c) burns to left palm; (d) permanent scarring to both feet; (e) permanent scarring to the right leg and (f) severe shock to the nerves and nervous system.”
For counts of negligence and remuneration of medical expenses, the plaintiffs are seeking damages in excess of the jurisdictional limits of arbitration and costs of suit.
The plaintiffs are represented by Charles F. Bowers III of Bowers Fawcett & Hurst, in Ambridge.
The defendant is represented by Jason A. Hines of Summers McDonnell Hudock Guthrie & Rauch, in Pittsburgh.
Allegheny County Court of Common Pleas GD-23-007352
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com