PITTSBURGH – A Verona woman who allegedly fell on a carpet at the Rivertowne Inn is suing the restaurant’s parent company and the company that provided carpets to the establishment, while one of the defendants is challenging the claim that she fell.
The complaint was filed June 22 in the Court of Common Pleas of Allegheny County. Plaintiff Yvonne Davila alleges that she sustained injuries on Oct. 1, 2015, at the Rivertowne Inn, which is owned and operated by Fybo Management Inc. of Verona “as a result of the unsafe, dangerous and/or otherwise hazardous condition consisting of improperly secured rug or carpet that had become bunched up, uneven and/or rippled.”
Clean Textile Systems Inc. provided the rugs and carpeting for Rivertowne Inn.
Specifically, Davila alleges that the fall resulted in bone fractures, wrist surgery, pain and “limited range of motion,” scarring and anxiety.
In its Sept. 14 answer to the complaint, Clean Textile said if Davila did fall, the incident “was due to her failure to observe where she was walking.”
In addition, Clean Textile said “the damages alleged by the plaintiff in this complaint did not result from any acts or omissions of answering defendant, but from the contributory and casual negligent acts and/or omissions of Fybo Management Inc., t/d/b/a Rivertowne Inn and/or third parties over whom defendant had no control.”
Meanwhile, in an answer filed July 25, Fybo denied any liability for the alleged fall.
“This defendant avers the injuries and damages alleged by the plaintiff were the result of a pre-existing condition unrelated to this accident and/or occurrence,” Fybo said in its answer.
Fybo also said “this defendant avers that plaintiff failed to mitigate her damages by ignoring the advice of medical providers.”
If it is found liable for any of the alleged injuries or damages, Fybo said it “is entitled to indemnification and/or contribution from Clean Textile Systems Inc.”
Davila is asking a jury to award an amount in excess of the arbitration limits of this county, plus costs and interest.