PITTSBURGH – A 94-year-old local artist charges she was the victim of a vicious assault and battery by her home health care aide and is suing both the health care company and the aide for damages.
Bunny Pittsburgh of Murrysville filed suit in the Allegheny County Court of Common Pleas on June 26 versus Seba Abode, Inc., Brightstar Care of Monroeville, New Kensington & Southeast Pittsburgh and Joann Cargile, of Pittsburgh.
The suit says Bunny lived at Riverview Towers for four-and-a-half years, and in that time, received home health care through defendant Brightstar for over 2 years. On Jan. 23, 2019, Bunny was under the care of defendant Cargile, her home health aide.
“At shift change, the relieving caregiver, Kweilin Wofford heard screams and cursing as she approached Bunny’s apartment. When she arrived at the door, she realized that the screams were coming from inside Bunny’s apartment. Just before entering, Ms. Wofford heard Bunny say, 'You kicked me!'" the suit states.
“She entered and found Bunny sitting on her bed, injured, Ms. Cargile standing over her. Defendant Cargile maintained that Bunny sustained her injuries in a fall. Police officers and paramedics were called to the scene. Due to the severity of her wound, Bunny was transported via ambulance to UPMC Shadyside Emergency Department.”
Upon examination, it was determined Bunny suffered a laceration to the lower leg, which required 17 stitches to close. In addition to the physical injuries, Bunny says she has been “emotionally traumatized” by Cargile’s actions, since she relies on the care of her home health aides and as a result of this incident, she believes her trust and reliance has been abused.
For counts of assault and battery, intentional infliction of emotional distress and respondeat superior liability, the plaintiff is seeking damages in excess of $35,000, plus punitive damages, delay damages, post-judgment interest, costs, and such other relief as the court deems appropriate.
The plaintiff is represented by Trent Echard and Matthew Marquette of Echard Marquette, in Pittsburgh.
The defendants have not yet secured legal counsel.
Allegheny Court of Common Pleas case GD-20-007177
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com