PITTSBURGH – According to a new lawsuit, a defective swing set at a local recreation center which broke in mid-use caused a young boy to fall and suffer a broken leg.
J.A.M. Jr., a minor by and through his parent and natural guardian, Ruby Burch, as well as Burch in her own right, both of Pittsburgh, filed suit in the Allegheny County Court of Common Pleas on July 14 versus the City of Pittsburgh.
“On Sept. 28, 2018, the plaintiff was lawfully on the aforementioned premises as an invitee. At all times relevant and material hereto, there existed a condition on the premises of the defendant, characterized by a broken and defective swing set. While plaintiff was swinging on the swing set, plaintiff was caused to violently fall as a result of coming into contact with the aforementioned condition, when the chain on the S-hook on the left side of the swing broke,” the suit states.
“As a direct and proximate result of the aforementioned accident, plaintiff sustained the following injuries, some or all of which may be permanent: Acute spiral fracture of the right distal tibia; right leg pain; bruises, contusions and other injuries in or about nerves, muscles, bones, tendons, ligaments, tissues and vessels of the body, nervousness, emotional tension, anxiety and depression.”
The plaintiffs argue the defendants failed to provide a safe premises for J.A.M. to use, failed to warn of the defective condition of the swing set and failed to eliminate or repair the defective condition, among other forms of negligence – resulting in J.A.M. using crutches and remain non-weight bearing for six weeks, be absent from school and extracurricular activities, face at least one or more surgeries and endure a devaluation of his quality of life.
For a count of negligence, the plaintiff is seeking damages in excess of the jurisdictional limits of compulsory arbitration, plus costs, interests and such other and further relief as the court may deem just and equitable, plus a trial by jury.
The plaintiffs are represented by Emerald N. Williams of Woomer & Talarico, in Pittsburgh.
The defendant has not yet obtained legal counsel.
Allegheny County Court of Common Pleas case GD-20-007601
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com