Pennsylvania Record

Tuesday, July 16, 2019

Case of Bellevue plaintiff suing his apartment complex for knee injury going to trial in Allegheny County this year

State Court

By Nicholas Malfitano | Jul 9, 2019


Simon

PITTSBURGH – Per an Allegheny County judge’s decision, the case of a plaintiff who allegedly suffered knee injuries resulting from an accident with a concrete step on the premises of his apartment complex has been moved for disposition to November.

On April 8, Allegheny County Court of Common Pleas Judge Alan D. Hertzberg ruled to accept a plaintiff counsel motion to continue the instant matter to the next available trial list. This change was effectuated, along with a ruling that plaintiff Charles Burgess shall not hire any new experts.

Burgess, of Bellevue, first filed suit in the Allegheny County Court of Common Pleas on Jan. 15, 2018 versus Melwood Manor LP and Allegheny City Realty, LLC, both also of Bellevue.

On Oct. 21, 2017, Burgess said he was caused to trip on a damaged, broken and poorly-maintained concrete step located at or near the front entry door, which the suit says created a dangerous condition on the premises, causing serious and permanent personal injuries.

The plaintiff charged that the defendants failed to inspect, maintain, repair or warn of the dangerous condition of the concrete step, failed to block off or barricade the area of the step and should have known of the potential harm it could present individuals traversing it, among other charges.

Per the litigation, Burgess suffered left knee injuries including fissuring and contusion, in addition to scrapes, lacerations, contusions and bruising.

For negligence, the plaintiff is seeking damages in excess of $35,000, plus all costs and other relief the Court deems just.

The plaintiff is represented by Marc I. Simon of Simon & Simon, in Pittsburgh.

The defendant is represented by Warren L. Siegfried and Dale K. Forsythe of Wayman Irvin & McAuley, also in Pittsburgh.

Allegheny County Court of Common Pleas case GD-18-000657

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

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Court of Common Pleas of Allegheny County Simon & Simon PC

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