PITTSBURGH – A contractor involved in a lawsuit filed by a Mills Run couple who alleged the husband suffered severe shoulder injuries in a construction site accident has been denied a motion for summary judgment.
On April 16, Allegheny County Court of Common Pleas Judge John T. McVay Jr. denied such a summary judgment motion which had been filed by defendant Paramount Contract Services, LLC on Nov. 16, one which claimed Paramount was immune from claims due to it qualifying for the “viable and affirmative” statutory employer defense.
Kelly Kosor and Rebecca Kosor of Mills Run first filed suit in the Allegheny County Court of Common Pleas on Dec. 27, 2017 versus Paramount Construction Services, LLC (doing business as “Paramount Construction Services”), of Pittsburgh.
Kelly was the supervising contractor for Arete Construction and tasked with supervising, instructing and/or assigning his co-workers a variety of work-related duties. On Nov. 14, 2016, Kelly was working on a ceiling at the premises, using a scaffolding apparatus.
The lawsuit says in this area was a grease trap on the floor measuring 2x3 feet, featuring a covering made out of plywood and 2x4’s, then after these were removed and replaced, protective paper – thereby creating a dangerous condition.
“As the plaintiff ascended the scaffolding, the plywood covering moved, causing one of the scaffolding’s legs to fall into the trap and tip over. As a result, the plaintiff fell from the scaffolding and landed on his left shoulder and striking his head, causing serious bodily injuries,” the suit stated.
The plaintiffs believe the defendant should have properly inspected, maintained, repaired and/or warned of the condition which caused Kelly’s accident. As a result of the accident, Kelly suffered a Grade 3 AC joint separation of his left shoulder, left shoulder deformity at the AC joint, left shoulder pain, neck pain, head pain and swelling and headaches.
For counts of negligence and loss of consortium, the plaintiffs are seeking damages in an amount in excess of the applicable arbitration limits, exclusive of interest and costs, and a trial by jury.
The plaintiffs are represented by George M. Kontos, Claire McGee and John L. Kwasneski of Kontos Mengine Law Group, in Pittsburgh.
The defendants are represented by Miles A. Kirshner of Margolis Edelstein and Robert A. Weinheimer of Weinheimer Haber & Coco, also all in Pittsburgh.
Allegheny County Court of Common Pleas case GD-17-017741
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com