PITTSBURGH – A Pittsburgh man who alleged that negligence on the part of a group of real estate entities led to a 2019 incident where his four-year-old son fell through a window screen, from the third story of their residence to the ground below, has dropped his claim for punitive damages.
Rashuan Butler (individually and as parent and natural guardian of C.F., a minor) of Pittsburgh filed suit in the Allegheny County Court of Common Pleas on May 23 versus DBC Real Estate Management, LLC, DBC Alcoma LP and DBC Alcoma Development, LLC of Warrendale, LDK Development, Inc. (doing business as “Alcoma On The Green”) of Monroeville and LDK Development Inc. (doing business as “Alcoma On The Green Estates”), of Pittsburgh.
“At all times relevant, defendants owned, possessed, operated, maintained and/or controlled the property located at 225 Alcoma Boulevard, Apartment 318, Pittsburgh, Allegheny County, Pennsylvania 15235. On July 3, 2019, minor plaintiff was lawfully on the premises sitting on top of a couch and went to reach for an item positioned on the windowsill,” the suit stated.
“As minor plaintiff was near the at-issue window, the screen popped out of its casing causing minor plaintiff to fall from the third-floor window to the ground below. Minor plaintiff was taken by ambulance to Children’s Hospital of Pittsburgh, where he received treatment for his injuries.”
The suit added that the child, C.F., suffered severe injuries in the three-story fall.
“As a direct and proximate result of the negligence, carelessness and recklessness of defendants, minor plaintiff sustained the following injuries, some of which may be permanent: A) Multiple facial fractures including displaced, angulated fractures of bilateral condylar processes of mandible, non-displaced left paramedian mandible fracture; B) Fractured left forearm; C) Hematoma; D) Bruising and swelling to the face; E) Bruises, contusions and other injuries in or about nerves, muscles, bones, tendons, ligaments, tissues and vessels of the body; and F) Nervousness, emotional tension, anxiety and depression,” the suit said.
“As a direct and proximate result of the negligence, carelessness and recklessness of defendants, minor plaintiff has sustained the following damages, some of which may be continuing: A) Great pain, suffering, inconvenience, embarrassment, mental anguish, and emotional and psychological trauma; B) He will be required to expend large sums of money for medical treatment and care, hospitalization, medical supplies, surgical appliances, rehabilitation and therapeutic treatment, medicines, and other attendant services; C) Lost earnings, and minor plaintiff's earning capacity has been reduced and may be permanently impaired; D) Inability to enjoy various pleasures of life that were previously enjoyed and E) Loss and impairment of general health, strength, and vitality.”
UPDATE
Counsel for the plaintiff and for the DBC defendants mutually filed a stipulation in order to voluntarily dismiss the punitive damages claim, on June 27.
“The plaintiff’s claims for punitive damages against the defendants are hereby stricken without prejudice,” the stipulation stated.
For five counts of negligence, the plaintiff is seeking compensatory damages in excess of the jurisdictional limits of compulsory arbitration, together with court costs, interest and such other and further relief as this Honorable Court may deem just and equitable.
The plaintiff is represented by Ian M. Watt of Friday & Cox, in Pittsburgh.
The DBC defendants are represented by Christopher T. Yoskosky of Zimmer Kunz, also in Pittsburgh.
Allegheny County Court of Common Pleas case GD-23-006517
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com