PITTSBURGH – A Gibsonia plaintiff allegedly injured by a shopping mall’s misshapen sewer grate has settled his case against the mall’s management company for damages in state court.
On Feb. 6, counsel for plaintiff Megan Overby filed a praecipe to mark the matter as “settled and discontinued.” Terms of the settlement were not disclosed.
Overby, of Gibsonia, initially filed suit in the Allegheny County Court of Common Pleas on Jan. 19, 2018, versus Gumberg Associates – Cranberry Mall of Pittsburgh.
“On June 24, 2016, Ms. Overby walked out of the Marshall's department store located at the Cranberry Mall towards her vehicle, which was parked approximately in the middle of the parking lot. As she was making her way across the parking lot to her vehicle, Ms. Overby stepped onto a storm sewer grate. The grate was bent such that Ms. Overby’s right leg fell through the grate, wedging the lower part of her leg. Ms. Overby’s leg immediately began to bruise and swell,” the suit said.
More specifically, Overby claimed to have suffered pain in her lower right leg, swelling in her lower right leg and surrounding area, the possibility of surgery on her right lower leg, difficulty ambulating, permanent discoloration, permanent deformity, numbness and sensitivity.
Overby charged the defendant with failing to provide safe premises, failing to supervise the repair of the grate in the parking lot and failing to warn of the dangerous condition, among other charges.
Prior to settlement and for two counts of negligence, the plaintiff was seeking damages in excess of the applicable arbitration limits, plus interest and costs.
The plaintiff was represented by Matthew S. Marquette and Lydia A. Gorba of Strassburger McKenna Gutnick & Gefsky, in Pittsburgh.
The defendant was represented by Elizabeth Collura of Clark Hill, also in Pittsburgh.
Allegheny County Court of Common Pleas case GD-18-000833
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com