PITTSBURGH – A landlord disavows cross-claim notions from Advance Auto Parts that it is responsible for the injuries suffered by a Pittsburgh man, who broke his hip because of a cement parking place indicator in its store lot.
Jeffrey Bruce of Pittsburgh first filed suit in the Allegheny County Court of Common Pleas on July 10 versus Adrian Associates, LP of Pittsburgh and Advance Auto Parts, of Raleigh, N.C.
“On the morning of Aug. 18, 2018, plaintiff was walking back to his vehicle after making a purchase of a turn signal bulb at Advance Auto Parts. Previously, he had parked his vehicle in a parking space which had a cement parking stop for each individual parking spot,” the suit said.
“While attempting to open his vehicle hood in the parking lot, he did not see the cement parking stop and tripped over it, falling into a depression in the parking lot. The cement parking stop was not distinguished by being painted and essentially existed in the same color component as the surface of the parking lot, which made the same unnoticeable and caused plaintiff to trip over it and severely injure himself.”
The plaintiff said the defendants were responsible for designing, maintaining and inspecting the parking lot so that it is safe for customers to use. As a result, the plaintiff says he suffered a hip fracture and was rejected for a liver replacement needed to treat an underlying condition.
The auto store and its counsel filed an answer to Bruce’s complaint on Oct. 27, denying it was responsible for his injuries.
“Defendant admits that there is an Advance Auto Parts store located at 1347 Liberty West Liberty Avenue, Pittsburgh, PA 15226. Defendant was a tenant of the building in which this store was located and operated and maintained the store. Defendant denies that it was the owner of the building and/or any “real property” at/near where the store was located,” the answer read, in part.
In new matter, Advance Auto Parts continued to disavow its responsibility for Bruce’s injuries.
“Plaintiff’s claims fail to state a cause of action upon which relief may be granted, are barred and/or reduced by the failure to mitigate any alleged damages and are barred by plaintiff’s assumption of risk,” the answer stated.
Furthermore, Advance Auto Parts levied a cross-claim against its co-defendant.
“To the extent that it may be determined that plaintiff suffered damages as alleged in plaintiff’s complaint, and to the extent that it is determined that those damages were caused in whole or in part by defendant, allegations which defendant specifically denies, such damages were caused solely by the negligence of Adrian Associates,” per the cross-claim.
UPDATE
After the complaint was reinstated, Adrian Associates filed its own answer with new matter to the claims and counterclaims on Jan. 26.
“To the extent justified by the evidence developed in discovery or the testimony at the time of trial, this defendant pleads the contributory, causal negligence of the plaintiff and the provisions of the Pennsylvania Comparative Negligence Act as a complete or partial bar to any recovery by the plaintiff in this action, the answer read.
“To the extent justified by the evidence developed in discovery or the testimony at the time of trial, this defendant avers the plaintiff may not recover any medical expense reimbursements in excess of amounts accepted as full payment in satisfaction by medical providers, pursuant to Moorhead v. Crozer Chester Medical Center.”
Adrian Associates added that in its view, the plaintiff failed to mitigate his damages by ignoring the advice of medical providers.
For a count of negligence, the plaintiff is seeking damages in excess of $35,000, plus such other relief as the court deems fair and just and a trial by jury.
The plaintiff is represented by John A. Adamczyk of Adamczyk Law Offices, in Pittsburgh.
The defendants are represented by Colby S. Bryson of Litchfield Cavo, also in Pittsburgh, plus Paul J. Walsh III, Gina M. Zumpella and Amanda C. Steff of Walsh Barnes & Zumpella, in Wexford.
Allegheny County Court of Common Pleas case GD-20-007535
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com