PITTSBURGH – A dog park and pet company has countered claims that it was responsible for a woman’s serious injuries when an improperly placed animal weight scale caused her to fall and break her right arm, a counter which she refutes.
A woman says she suffered serious injuries at a dog park and pet company, when an improperly-placed animal weight scale caused her to fall and break her right arm.
Irene S. Abel of Allegheny County first filed suit in the Allegheny County Court of Common Pleas on Sept. 22 versus Misty Pines Dog Park Company (doing business as “Misty Pines Pet Company and Dog Park”), of Sewickley.
“On Jan. 11, the plaintiff was lawfully on the aforementioned premises for a business purpose. There existed a hazardous and/or unsafe condition on the premises of the defendant, characterized by the placement of an animal weight scale on the floor, around a corner from a main hallway to the handicap-accessible bathroom, in front of and within close proximity to the handicap-accessible bathroom,” the suit states.
“Plaintiff was caused to trip and/or lose her balance and fall as a result of coming into contact with the aforementioned hazardous condition. As a direct and proximate result of the aforementioned incident, plaintiff sustained the following injuries, some or all of which are or may be permanent: Fractured right humerus surgical neck, laceration to her nose, right arm injury, right arm pain, bruises, contusions and other injuries in or about nerves, muscles, bones, tendons, ligaments, tissues and vessels of the body; and nervousness, emotional tension, anxiety and depression.”
According to Abel, the defendant caused and permitted the dangerous condition, failed to warn visitors of the condition and failed to repair the condition, among other negligence-based claims.
UPDATE
In response to the litigation, the defendant filed an answer with new matter on Nov. 4, charging that the plaintiff herself was the proximate cause of her own injuries and that she had failed to properly state a claim.
“Plaintiff has failed to state a claim upon which relief could be granted. The plaintiff’s injuries, if any, were caused or contributed to by the negligence and carelessness of others over whom defendant Misty Pines Dog Park Company had no control and for which it is not responsible,” the answer stated, in part.
“The direct and proximate cause of any injuries and/or damages suffered by plaintiff was the contributory/comparative negligence of plaintiff Irene Abel in failing to exercise that degree of care which a reasonably prudent person would have exercised under the same or similar circumstances for their own safety and well-being. Plaintiff has failed to mitigate damages as required by the laws of the Commonwealth of Pennsylvania, and therefore, plaintiff’s recovery is barred or substantially reduced.”
The plaintiff filed a reply to the new matter on Nov. 5, labeling it in its entirety as merely conclusions of law to which no official response was required.
For negligence, 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, and a trial by jury.
The plaintiff is represented by Amy E. Mathieu of Woomer & Talarico, in Pittsburgh.
The defendant is represented by Stephen J. Magley and Kenneth R. Brannigan III of O’Malley & Magley, also in Pittsburgh.
Allegheny County Court of Common Pleas case GD-20-010061
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com