PITTSBURGH – Counsel for a Pittsburgh landlord who was sued by his tenant for left knee injuries she suffered in a fall on the stairway outside her apartment, argues the plaintiff is responsible for her own injuries.
Theresa Crowell of McKees Rocks first filed suit in the Allegheny County Court of Common Pleas on Dec. 15 versus Douglas Sheerer, of Pittsburgh.
“On March 13, 2019, plaintiff was a tenant who resided at 204 McCoy Road, Apartment 2, Stowe Township, Pennsylvania 15136. On the morning of the incident, plaintiff was ascending the stairway from her basement apartment up to the ground level to retrieve her mail. Plaintiff then slipped and fell into a hole and injured her left knee. Defendant was notified of the fall,” the suit said.
“On April 1, 2019, plaintiff was a tenant who resided at 204 McCoy Road, Apartment 2, Stowe Township, Pennsylvania 15136, when she was descending the steps from the ground level to her basement apartment, when she slipped and fell due to a lack of a handrail and the appearance of a stray dog, causing her to descend the steps more quickly and injuring both of her knees. There was a lack of a handrail, as it had been removed due to the demolition of the adjoining property located at 206-208 McCoy Road in 2018. The handrail has never been replaced.”
As a result, the plaintiff suffered multiple injuries to her left knee and incurred numerous medical bills for treatment related to those same injuries. The plaintiff maintains that the defendant failed to reasonably maintain the property and repair the defects that led to her two successive falls.
UPDATE
In an answer to the complaint filed on Feb. 17, defense counsel contended that the plaintiff was liable for her own injuries and asserted other affirmative defenses in new matter against the litigation.
“Plaintiff’s complaint fails to state a cause of action upon which relief may be granted. Plaintiff’s claims are barred in whole or part by the provisions of the Pennsylvania Comparative Negligence Act. It is further averred that if the plaintiff suffered any injuries and/or damages as alleged, they were caused solely and primarily by plaintiff’s own carelessness, recklessness and negligence,” per the new matter.
“By his actions on the date, time and place stated in plaintiff’s complaint, plaintiff did assume the risk of any and all injuries and/or damages which plaintiff allege to have suffered. If there is a legal responsibility for the damages set forth in plaintiff’s complaint, then the responsibility is that of other individuals and/or entities over whom the answering defendants have no control. Plaintiff’s injuries and damages as alleged were not caused in any manner whatsoever by the answering defendants.”
According to the defendant’s answer, “If the plaintiff fell which is specifically denied, it was due to his failure to observe where he was walking.”
For two counts of negligence, the plaintiff is seeking compensatory damages in excess of the jurisdictional limits for mandatory arbitration.
The plaintiff is represented by Thomas D. Hall of the Law Offices of Hall & Copetas, in Pittsburgh.
The defendant is represented by Jonathan G. Preston of the Law Offices of Craig S. Cobb, in Oklahoma City, Okla.
Allegheny County Court of Common Pleas case GD-20-012635
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com