PITTSBURGH – A Pittsburgh woman who fell over a gardening border on the campus of the Community College of Allegheny County has denied the school’s discounting of liability for her injuries.
Yugonda Moore of Pittsburgh first filed suit in the Allegheny County Court of Common Pleas on Nov. 19 versus Community College of Allegheny County, also of Pittsburgh.
“On April 8, 2019, while walking on the sidewalk adjacent to the Leroy Ewing Building, the plaintiff was caused to fall as a result of the dangerous and hazardous condition of the gardening border which was protruding from the ground along the sidewalk, which condition the defendant had allowed to exist for an extended period of time, which caused the plaintiff to be thrown to the ground with such force and violence as to cause the injuries to the plaintiff,” the suit stated.
“The accident and the injuries and damages resulting therefrom were caused by the careless and negligent conduct of the defendant in failing to provide a safe walking area for invitees, and in permitting a hazardous condition to exist on the sidewalk, specifically the gardening border, over an extended period of time, when the defendant knew or should have known, that the condition of the gardening border constituted a hazard.”
Among other rationales, the suit further outlined Moore’s injuries and damages, allegedly caused by the school’s negligent conduct.
“As a direct and proximate result of the negligence of the defendant, Moore suffered a right wrist sprain, right knee sprain, right ankle sprain and right shoulder pain, as well as the muscles, ligaments, tissues, tendons, nerves and bones in, about and extending from these portions of the plaintiff’s body as well, all of which are injuries that are or may be serious and permanent,” according to the suit.
“Moore has experienced and endured pain, suffering, inconvenience, irritation, annoyance, fright, shock, worry, humiliation, anxiety and other forms of distress.”
Community College of Allegheny County’s counsel filed an answer to the complaint along with new matter on Dec. 11, denying Moore’s assertions and claiming she was responsible for her own injuries.
“Plaintiff’s complaint fails to state a claim upon which relief may be granted. Defendant pleads the affirmative defense of the statute of limitations, if applicable. The claims are barred, circumscribed or otherwise diminished by the contributory and/or comparative negligence of the plaintiff. Although not necessary to do so, defendant pleads the affirmative defenses of comparative negligence, contributory negligence and assumption of the risk as a full and complete bar to plaintiff’s claims against defendant,” according to the new matter.
“Plaintiff’s alleged injuries and damages, if any, were caused by acts or omissions plaintiff and/or a third party or parties for whose conduct defendant is neither liable nor responsible, for which plaintiff’s alleged injuries and damages against defendant are barred. Plaintiff’s alleged injuries and damages, if any, were caused by intervening and/or superseding causes not within the control of defendant. Plaintiff’s alleged damages, if any, were caused by the careless and negligent conduct of the plaintiff.”
The defendant added it had no notice of any alleged condition and argued it was immune from suit pursuant to the Political Subdivision Tort Claims Act.
UPDATE
The plaintiff replied to the community college’s new matter on Dec. 30, denying it in its totality.
“Defendant’s new matter states conclusions of law to which no response is required. In the event any response is deemed to be required, the averments of these paragraphs are denied, and strict proof thereof is demanded at the time of trial,” the reply stated.
“The plaintiff, Yugonda Moore, demands judgment in her favor and against defendant, Community College of Allegheny County, in an amount in excess of arbitration limits, plus interest, costs of suit, and any other relief this Court deems appropriate to recover which this suit is filed.”
For a count of negligence, the plaintiff is seeking compensatory and consequential damages in excess of the jurisdictional arbitration limits, plus interest, costs and any other relief this Court deems appropriate to recover.
The plaintiff is represented by Mark D. Troyan of Robert Peirce & Associates, in Pittsburgh.
The defendant is represented by Francis D. Wymard of William J. Ferren & Associates, in Hartford, Conn.
Allegheny County Court of Common Pleas case GD-20-011900
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com