PITTSBURGH – A newly-filed lawsuit says an apartment complex and its hired landscaping company are liable for damages related to one of the complex’s tenants suffering an injurious fall on the property.

Mary Holovak and John Holovak of Bridgeville filed suit in the Allegheny County Court of Common Pleas on Jan. 12 versus CF Pennsylvania Owner, LLC, also of Bridgeville, and 20/20 Landscaping and Tree Service, LLC, of Crafton.

On Feb. 15, 2016, CF owned and operated the complex in which the Holovaks lived and 20/20 was the company hired by CF to perform landscaping duties for the property, including snow and ice removal and placement of rock salt on the sidewalk leading from the handicapped parking space to the plaintiffs’ apartment, the suit says.

At approximately 7:45 a.m. on the morning in question, Mary walked on that same surface from the parking space to the apartment and encountered a patch of untreated ice, which caused her to fall, the suit says. 

Supposedly, the steps were defective, as they exceed both the maximum variation in riser height and the maximum slope permitted, as was the construction of the handrail – the same handrail which Mary unsuccessfully attempted to grasp as she fell.

The defendants allegedly failed to warn the injured plaintiff of the defective conditions present on the property on the morning in question, or to inspect, maintain and repair same.

As a result, Mary allegedly suffered C-4 body fracture and related cervical pain, bilateral shoulder pain, fracture of the left humerus, Grade 1 separation of the left shoulder, abrasions and contusions of the forehead and knees, severe headaches, depression and anxiety.

For multiple counts of negligence and loss of consortium, the plaintiffs are seeking damages in excess of the compulsory arbitration limits of Allegheny County, interest, costs and compensatory damages, in addition to a trial by jury.

The plaintiffs are represented by Mark F. McKenna of McKenna & Associates, in Pittsburgh.

Allegheny County Court of Common Pleas case GD-18-000472

From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nickpennrecord@gmail.com

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