PITTSBURGH – A Monroeville woman says that a North Huntingdon man suing her for third-degree burns he allegedly suffered on various parts of his body during a grease fire at her home, was contributorily negligent to causing his own injuries.
Richard Thrift first filed a complaint Feb. 19 in the Allegheny County Court of Common Pleas, against Cynthia Thrift. (The complaint did not make clear if or how Richard is related to Cynthia.)
According to the complaint, Cynthia was frying chicken for Sunday dinner Sept. 29 when she left the stove to check on laundry. Smoking grease in a frying pan activated the smoke alarm, he continued, and when throwing what she believed to be baking soda didn’t kill the fire, she grabbed the frying pan and attempted to run outside.
According to Richard, Cynthia spilled some of the grease, then slipped on it, causing her to toss the pan and its contents into the air, whereupon it fell on Richard, who had entered the kitchen to see what was happening. He said he suffered third-degree burns to seven percent of his body, including his forehead, chest, torso, right upper arm, abdominal wall, lower legs.
On April 30, counsel for Cynthia filed a response to the complaint, denying its allegations in its entirety and asserting new matter.
“Plaintiff did not act negligently or carelessly. Defendant had no knowledge of the condition that caused plaintiff’s injuries, as the condition arose in the context of an emergency that defendant could not have predicted. Defendant could not have discovered the condition described in plaintiff’s complaint by exercising reasonable care, as the condition arose in the context of an emergency that defendant could not have predicted,” according to the answer to the complaint.
“Defendant had no notice, actual or constructive, of the condition described in plaintiff’s complaint. Defendant had no opportunity to exercise reasonable care to protect plaintiff from the condition described in plaintiff’s complaint.”
The answer added that the plaintiff’s claims are barred by the doctrine of assumption of risk and statute of limitations, along with the plaintiff voluntarily exposing himself to the risks posed by the “open and obvious” condition and thus proving himself to be comparatively or contributorily negligent in causing his own injuries.
On May 12, the plaintiff replied to the defendant’s answer and new matter, and both reiterated the original allegations and stated that it contained various conclusions of law to which no response was required.
For counts of negligence and carelessness, the plaintiff seeks damages in excess of the county’s mandatory arbitration limits and a trial by jury.
The plaintiff is represented by Christopher M. Miller of DelVecchio & Miller, in Pittsburgh.
The defendant is represented by Ember K. Holmes, Albert P. Veverka and Robert G. Del Greco Jr. of Dickie McCamey & Chilcote, also in Pittsburgh.
Allegheny County Court of Common Pleas case GD-20-002665
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com