Post-Gazette deliveryman sues homeowner after alleged slip on snow broke leg

By Nicholas Malfitano | Feb 20, 2018

PITTSBURGH – A Pitcairn-based newspaper deliveryman is suing the owner and resident of a Pittsburgh property, where he says he was injured in the course of his delivery duties.

Ricky L. Davis of Pitcairn filed suit in the Allegheny County Court of Common Pleas on Feb. 13 versus David Hamburger and Regitze Weingartner, both of Pittsburgh.

Per the lawsuit, Davis was, at the time of the accident delivering the Pittsburgh Post-Gazette newspaper to a home on Heberton Street at the request of the defendants; a residence that Hamburger owns and where Weingartner resides.

“Davis, while exercising due care and caution, fell on the subject property because of dangerous walkway, driveway, steps and porch conditions on the subject property. Davis was ordered to deliver the newspaper in the early morning hours to the front porch of the subject property by Weingarten and/or Hamburger, who therefore, knew or should have known, that uncleared snow and/or ice, untreated areas and otherwise dangerous conditions would likely cause harm to Davis,” the complaint reads.

Davis allegedly sustained a number of injuries, including: A broken right tibia, fibia and ankle, more specifically a displaced bi-malleolar fracture, requiring surgery in the way of an open reduction with internal fixation; cuts and abrasions; numbness in the right lower leg and ankle, likely to be permanent; inability to flex, turn and bear full weight on the right lower leg and ankle; permanent scarring; pain and suffering, embarrassment and humiliation.

Davis claims Hamburger and Weingartner failed to keep walking areas free of snow and ice for invitees and others, failed to secure a service provider to properly maintain said property and failed to prohibit or regulate tenant directives requiring Davis to enter on to the porch and steps of the subject property to deliver the newspaper, among several other charges.

For counts of negligence against each defendant, the plaintiff is seeking damages in excess of the statutory amount as to permit trial by jury, in addition to the demand of a jury trial.

The plaintiff is represented by Allan J. Opsitnick of Opsitnick & Associates, in Pittsburgh.

Allegheny County Court of Common Pleas case GD-18-002127

From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at

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