PITTSBURGH – An Enon Valley recreation center and Slovene benefit society have objected to the third version of a lawsuit filed by an Illinois man after he was allegedly paralyzed by a fall from a tree during a music festival there, believing it did not conform to prior court orders.
On both Nov. 6 and 7, the SNPJ Recreation Center and Slovene National Benefit Society, respectively, filed preliminary objections to the third iteration of a complaint filed by the injured man in question, Luke Krisciunas.
The objections argue that, despite adhering to a prior order which removed Karen Bushman as a plaintiff from the action, the newest version of the complaint filed on Oct. 18 defies the order by continuing to make reference to claims under the Attractive Nuisance Doctrine and call for a payment of attorney’s fees, and does not provide further evidence to support a claim for punitive damages.
The objections collectively call for the Court to sustain them in future proceedings.
Krisciunas and Bushman of Lemont, Ill. initially filed a complaint on June 20 in the Allegheny County Court of Common Pleas versus SNPJ Recreation Center of Enon Valley and Slovene National Benefit Society of Imperial. The group is a nationwide society that provides life insurance to members of Slovene descent.
According to the suit, on July 7, 2017, K,risciunas attended the music festival “Slovenefest," which was sponsored by the Slovene National Benefit Society and held at SNPJ Recreation Center.
The suit stated Krisciunas’ friend’s brother suggested that the plaintiff climb a tree in order to see around the event and find certain attractions. Then, Krisciunas did so and one of the tree branches broke, causing him to fall from a height of approximately 15-20 feet onto an uplifted tree root.
Krisciunas was then airlifted to the hospital and treated for a number of injuries, including fractures and paraplegia. He alleged he was told he will never walk again and is confined to a wheelchair.
The plaintiffs claimed the defendants failed to warn that the tree and/or branch was rotting and dangerous.
“Furthermore, there were many employees and members of SNPJ Recreation Center and Slovene National Benefit Society walking around while they were climbing the tree and no one ever told them to stop and/or get off the tree,” the lawsuit says.
However, on July 29, the defendants filed preliminary objections to Krisciunas and Bushman’s lawsuit, alleging their claims are without merit and must be dismissed.
For counts of negligence and loss of services, the plaintiffs are seeking damages, individually, jointly and severally, compensatory damages, punitive damages, attorney’s fees, costs of suit and other such relief which the court may deem just and proper in excess of $50,000, in addition to a trial by jury.
The plaintiffs are represented by Jordan K. Merson and Jaclyn M. Ponish of Merson Law, in Philadelphia.
The defendants are represented by Susan A. Kostkas and Paul J. Walsh III of Walsh Barnes Collis & Zumpella, plus John W. Zotter of Zimmer Kunz, all in Pittsburgh.
Allegheny County Court of Common Pleas case GD-19-008916
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com