Pennsylvania Record

Sunday, October 20, 2019

Plaintiff who alleged knee injuries outside apartment will have case heard in Allegheny County court this fall

State Court

By Nicholas Malfitano | Aug 27, 2019


Allegheny County Courthouse

PITTSBURGH – A November trial date is in the offing for 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.

Per court records, the litigation is scheduled for trial call on Nov. 13, subsequent to an April court order and simultaneous continuance. It had been originally scheduled for a trial call last May.

Charles Burgess of Bellevue initially 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.

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

The defendants alleged the plaintiff’s suit was barred for reasons of comparative negligence and statute of limitations, and for the direct negligence of the plaintiff in causing his own injuries, among a litany of other reasons. 

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 defendants are represented by Dale K. Forsythe and Warren L. Siegfried 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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