PITTSBURGH – An arena management company objects to claims it is liable for injuries suffered by a woman who attended a Shania Twain concert in Pittsburgh two years ago, when a confrontation between intoxicated patrons several rows above her seats spilled over and caused her to be launched into metal stadium seats.
Janette Gamble of Vandergrift first filed suit in the Allegheny County Court of Common Pleas on July 13 versus AEG Management Pittsburgh, LLC and Pittsburgh Arena Operating, LP, both of Pittsburgh.
Gamble said she and her daughters went to the Shania Twain concert at the PPG Paints Arena in Pittsburgh on July 17, 2018, being seated in Section 207 and Row J. Minutes later, an argument broke out between intoxicated patrons seated about seven rows behind Gamble.
“The argument escalated into a physical confrontation and one of the arguing patrons pushed the other forward, causing a chain reaction in which seven rows of patrons were forcibly and without warning, launched forward into Gamble, propelling her forward on to the hard metal seats in the rows in front of her. At no time did Gamble contribute in any way to the cause of the incident,” the suit stated.
The suit stated, among other things, that the defendants failed to provide a safe environment for Gamble to enjoy the concert and failed to defuse the conflict between the intoxicated patrons that later led to Gamble’s injuries.
As a result, Gamble alleged she suffered numerous injuries, including an injury to one of her lungs, a rotator cuff tear, spinal injuries, plus injuries and pain to her chest, abdomen, hip and legs.
UPDATE
Defendant AEG Management Pittsburgh, LLC filed preliminary objections to the suit on Aug. 31, saying it is replete with insufficient pleading that should be stricken.
In Count I of the complaint, plaintiff sets forth a claim for negligence against this defendant. Specifically, plaintiff alleges 28 sub-paragraphs of negligence in paragraph 34 with no factual basis for the following subparagraphs: 1. Failing to provide first aid following the incident; Failing to properly limit the service of alcohol to visibly intoxicated patrons and; Failing to properly screen attendees to ensure that they were not visibly intoxicated before seating them,” the objections read, in part.
“Plaintiff pled no facts to support that this defendant was responsible for rendering first aid. Moreover, at face value, security is defined as being free from danger, or feeling safe. Defendant submits that it is unaware of any definition for security that remotely involves a duty to provide first aid. Plaintiff also confuses security with alcohol management at the arena and has pled no facts to support the bald assertions made in sub-paragraphs n. & y.”
AEG added it has no responsibility for serving alcohol at the arena, nor is it under a duty to perform any testing of patrons for intoxication prior to them being seated by “arena staff.”
“The primary element in any negligence cause of action is that the defendant owes a duty of care to the plaintiff. Here, plaintiff has pled no facts to support that this defendant owed plaintiff any duty with respect to first aid or alcohol management at the arena,” the objections stated.
Moreover, AEG said the quick succession by which the events took place could not permit it to issue a warning to Gamble.
“The duration of the hazard is important because if the hazard only existed for a very short period of time before causing any injury, then the possessor of the land, even ‘by the exercise of reasonable care’, would not discover the hazard, and thus would owe no duty to protect invitees from such a hazard,” the defense said, quoting the Second Restatement of Torts, Section 343.
“Here, plaintiff alleges that ‘minutes after she was seated’ an argument broke out. Most telling is the fact that plaintiff herself did not have enough time to get out of the way before the chain reaction of patrons seated behind her suddenly and ‘without warning’ fell forward, propelling her on to seats in the rows in front of her.”
Therefore, the defense said the “only logical conclusion one could draw from the facts alleged, is that this incident happened so quickly, no reasonable measures could be taken by defendant to control the conduct of third persons, or to give adequate warning, which would have enabled patrons to avoid possible harm.”
For counts of negligence and premises liability, the plaintiff is seeking damages in excess of the jurisdictional limits of compulsory arbitration, plus court costs, interest, and such other and further relief as the Court may deem just and equitable, in addition to a trial by jury.
The plaintiff is represented by Joshua R. Guthridge of Robb Leonard Mulvihill, in Pittsburgh.
Defendant AEG Management Pittsburgh, LLC is represented by Nancy R. Winschel and Rebecca J. Maziarz of Dickie McCamey & Chilcote, also in Pittsburgh.
Allegheny County Court of Common Pleas case GD-20-007573
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com