Suit states construction company's negligence led plaintiff to be struck on the head with metal support beam

By Nicholas Malfitano | Jan 2, 2019


Children's Hospital of Philadelphia   Children's Hospital of Pennsylvania

PHILADELPHIA – A New Jersey woman who says she was struck by a metal support beam at the Children’s Hospital of Philadelphia and seriously injured now charges a Delaware County construction company with negligence for allegedly creating that unsafe condition, a claim the company denies.

Eleni Wurster of Brigantine, N.J. filed suit in the Philadelphia County Court of Common Pleas on Sept. 24 versus Target Building Construction, Incorporated of Crum Lynne.

“On Nov. 29, 2017, plaintiff Eleni Wurster was employed by the Children’s Hospital of Philadelphia and lawfully working as a clinical nurse in the Pediatric Intensive Care Unit. Plaintiff was attending a training class at the Buerger Center for Advanced Pediatric Care at the Children’s Hospital of Philadelphia. Ms. Wurster was in a classroom in the Buerger Center when a metal stud support, fell suddenly and unexpectedly from the ceiling, violently striking her on the head, neck and back,” according to the lawsuit.

The defendant, Target Building Construction, is believed to be the general contractor and construction manager in charge of the unfinished classroom space in Room P-1200 of the Buerger Center for Advanced Pediatric Care at the Children’s Hospital of Philadelphia. In this case, the plaintiff accuses it of negligence in failing to do so.

As a result, Wurster allegedly sustained “serious, disabling and permanent personal injuries, including but not limited to a traumatic brain injury, concussion with headaches, photophobia, misophonia, nausea, dizziness, head, neck and shoulder strain and sprain and sleep disturbances," plus “post-concussive syndromes, migraines, headaches, bone bruises, muscle spasms (cervical and thoracic), limited head and neck range of motion, sleeplessness, anxiety and depression, general pain cervical radiculopathy in both shoulders and arms and swelling.”

In an answer with new matter submitted Dec. 10, counsel for Target Building Construction argued Wurster’s complaint fails to state a claim upon which relief could be granted and her injuries were caused by “other entities or parties over which answering defendant had no control” and “were not proximately caused by any action or failure to act on behalf of answering defendant.”

Through a reply to the new matter also filed Dec. 10, the plaintiff’s counsel claimed they were conclusions of law to which no response was required and requested the new matter be stricken.

For one count of negligence, the plaintiff is seeking compensatory damages in excess of $50,000, plus delay damages pursuant to Pa.R.C.P. 238, interest and allowable costs of suit.

The plaintiff is represented by Larry Bendesky, Adam J. Pantano and James B. Dilsheimer of Saltz Mongeluzzi Barrett & Bendesky, in Philadelphia.

The defendant is represented by Thane CJ Trotman of the Law Office of Peter Callahan, also in Philadelphia.

Philadelphia County Court of Common Pleas case 180902923

From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com

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Children's Hospital of Philadelphia Philadelphia County Court of Common Pleas

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