PITTSBURGH – In defending itself from a customer’s personal injury lawsuit, AAA has asserted numerous rationales for why it is not liable for the plaintiff’s injury in its Monroeville branch location.
Janet Osman of Pittsburgh first filed suit in the Allegheny County Court of Common Pleas on Sept. 18 versus AAA East Central and AAA East Central Insurance Agency, Inc., also of Pittsburgh.
The suit said Osman went to the AAA location in Monroeville, located in Allegheny County, on Oct. 19, 2018, and entered the building through its entryway.
“At that time and place, there existed an unsafe, dangerous and/or otherwise hazardous condition consisting of an improperly-secured floor mat or rug in the entrance area of the premises that had become bunched up, uneven and/or rippled,” the suit stated.
“As a result of the unsafe, dangerous or otherwise hazardous condition, the plaintiff, Janet Osman, was caused to trip and fall after catching her foot in the floor mat or rug while exiting the AAA location at 2725 Mosside Boulevard, Monroeville, Pennsylvania, 15146, thereby sustaining the serious and severe injuries complained of herein.”
Due to the defendants’ alleged negligence in failing to secure the floor mat and/or floor rug in the entryway of the building, Osman says she suffered a head injury, bilateral hand injury and pain, bilateral knee injury and pain, left hip injury and pain, limited mobility, bruising and abrasions and possible other serious and/or permanent injuries.
UPDATE
AAA filed an answer to the complaint with new matter on Oct. 12.
“Plaintiff’s claims fail to state a cause of action upon which relief may be granted. Plaintiff’s claims are barred by the expiration of the applicable statutes of limitations. Plaintiff’s claims for damages are barred and/or reduced by the failure to mitigate any damages that she allegedly suffered. Plaintiff’s claims are barred by the doctrine of laches. Plaintiff’s claims are barred by plaintiff’s individual and/or collective assumption of risk,” AAA’s answer stated, in part.
“Plaintiff failed to exercise that degree of ordinary care required under the circumstances and such failure proximately caused the alleged damages complained of. Therefore, plaintiff is not entitled to recover from defendant. Plaintiff’s damages are barred and/or reduced by the doctrine of avoidable consequences. Plaintiff’s claims are barred by waiver and/or release. No dangerous condition existed.”
According to AAA, the plaintiff’s alleged damages were caused by the actions of other persons or parties over whom it had no control and for whose conduct it may not be held liable.
For two counts of negligence, the plaintiff is seeking damages in excess of the arbitration limits of the County, plus costs, interest and a trial by jury.
The plaintiff is represented by Jepthah M. Orstein of Ainsman Levine, in Pittsburgh.
The defendants are represented by Edward A. Smallwood and Colby S. Bryson of Litchfield Cavo, also in Pittsburgh.
Allegheny County Court of Common Pleas case GD-20-009918
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com