PITTSBURGH – A Wexford automobile dealership denies any and all responsibility for injuries a man allegedly sustained when a service garage door collapsed on the vehicle he was in.
Cash Kennedy first filed a complaint on Dec. 13 in the Allegheny County Court of Common Pleas against Baierl Chevrolet, Inc., alleging premises liability and negligence.
The suit stated Kennedy was at Baierl Chevrolet on Perry Highway in Wexford on June 29, and was a rear passenger in a vehicle driving through the dealership’s service garage door.
The suit stated the door collapsed onto the vehicle, causing Kennedy to sustain a herniated disc that required surgery, as well as other injuries. Kennedy alleged that Baierl allowed a dangerous condition to exist and failed to install sensors in the door that could have prevented the accident.
On Jan. 21, the dealership filed a response to the lawsuit in which it denied all of Kennedy’s allegations and asserted several defenses against the litigation.
According to the defendant, the plaintiff’s complaint failed to state a cause of action upon which relief could be granted, and that there was no notice to the defendant of any alleged condition that could cause or contribute to the incident in question.
“No other persons that were occupants of the subject vehicle sustained any inquiry as a result of the garage door coming in contact with the vehicle and then reversing direction as designed. To the extent the plaintiff suffered any injury relative to the alleged occurrence that said injuries were related to plaintiff’s pre-existing conditions unrelated to the subject incident,” the answer to the complaint read, in part.
“The total amount of damage that occurred to the subject vehicle in which plaintiff contends he was an occupant involving refinishing of a portion of the trunk lid, which refinishing costs were $517.90. If the plaintiff failed to heed the directions of health care providers, than the answering defendant is entitled to raise the legal defense of failure to mitigate damages.”
The plaintiff seeks damages in excess of $35,000 and all other just relief.
The plaintiff is represented by Adam Shorr of Swartz Culleton, in Pittsburgh.
The defendant is represented by Robert J. Behling of Burns White, also in Pittsburgh.
Allegheny County Court of Common Pleas case GD-19-017573
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com