PITTSBURGH – A North Huntingdon man has settled claims with a Monroeville woman for third-degree burns he allegedly suffered on various parts of his body, during a grease fire at her home last year.
Richard Thrift first filed a complaint Feb. 19 in the Allegheny County Court of Common Pleas, against Cynthia Thrift. (The complaint did not make clear if or how Richard is related to Cynthia.)
According to the complaint, Cynthia was frying chicken for Sunday dinner Sept. 29 when she left the stove to check on laundry. Smoking grease in a frying pan activated the smoke alarm, Richard said, and when throwing what she believed to be baking soda didn’t kill the fire, she grabbed the frying pan and attempted to run outside.
According to Richard, he entered the kitchen to see what was happening, when Cynthia spilled some of the grease, then slipped on it, causing her to toss the pan and its contents into the air, whereupon it fell on Richard.
Richard alleged he suffered third-degree burns to seven percent of his body, including his forehead, chest, torso, right upper arm, abdominal wall, lower legs.
On April 30, counsel for Cynthia filed a response to the complaint, denying its allegations in its entirety and asserting new matter.
“Plaintiff did not act negligently or carelessly. Defendant had no knowledge of the condition that caused plaintiff’s injuries, as the condition arose in the context of an emergency that defendant could not have predicted. Defendant could not have discovered the condition described in plaintiff’s complaint by exercising reasonable care, as the condition arose in the context of an emergency that defendant could not have predicted,” according to the answer to the complaint.
“Defendant had no notice, actual or constructive, of the condition described in plaintiff’s complaint. Defendant had no opportunity to exercise reasonable care to protect plaintiff from the condition described in plaintiff’s complaint.”
UPDATE
After ongoing disputes related to alleged contributory negligence on the part of the plaintiff, the case was settled on Nov. 10, more than two months prior to the case’s scheduled trial date. Terms of the settlement were not disclosed.
“Please mark the above-captioned case as settled and discontinued with prejudice as to all named defendants identified therein,” plaintiff counsel Christopher M. Miller stated.
Prior to settlement and for counts of negligence and carelessness, the plaintiff sought damages in excess of the county’s mandatory arbitration limits and a trial by jury.
The plaintiff was represented by Christopher M. Miller of DelVecchio & Miller, in Pittsburgh.
The defendant was represented by Ember K. Holmes, Albert P. Veverka and Robert G. Del Greco Jr. of Dickie McCamey & Chilcote, also in Pittsburgh.
Allegheny County Court of Common Pleas case GD-20-002665
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com