PITTSBURGH – A Western Pennsylvania man claims that he was seriously injured on a defective scaffold leased to his employer, by a local equipment rental company.
Parker Waynar of Cheswick filed suit in the Allegheny County Court of Common Pleas on March 8 versus A-1 Rental, Inc., Jordan Onofer and Julianna Onofer, all of Tarentum.
“On June 3, 2019, scaffolding owned by A-1 was leased to and/or for use or for the benefit of co-defendants Jordan Onofer and Julianna Onofer for use on their property on Bakerstown Culmerville Road, Tarentum, Pennsylvania. Defendant Jordan Onofer gave plaintiff’s employer permission to use the subject scaffolding on the aforementioned property,” the suit states.
“On June 3, 2019, plaintiff Parker Waynar was instructed by his employer to utilize the subject scaffolding on the aforesaid property, and while using the subject scaffolding with all due care, the subject scaffolding suddenly, and without warning, failed, causing the plaintiff to fall and sustain serious injuries.”
The plaintiff alleges that the defendants are collectively at fault for the injuries he suffered.
“The scaffolding was defective because it did not meet the reasonable expectations of an ordinary consumer that the product could be safely used. The scaffolding was further defective because the risk posed by its design, with the probability and seriousness of harm caused by the product, greatly exceeded the burden or cost of taking appropriate measures to assure that the scaffolding was safe for use,” per the suit.
“As the direct, legal and proximate result of the breach of the mandates of strict liability by this defendant, plaintiff has sustained the following injuries and damages:
• Comminuted and displaced fracture of olecranon process of left ulna with intra-articular extension requiring open reduction and internal fixation surgery;
• Comminuted and displaced fracture of olecranon process of left ulna with intra-articular extension requiring open reduction and internal fixation plates and screws removal surgery;
• Left elbow effusion and hemarthrosis;
• Necessity of medical treatment, surgeries and physical therapy;
• Pain and suffering;
• Disfigurement and scarring;
• Mental anguish, embarrassment and humiliation;
• Incurring of medical bills and/or liens;
• Lost wages and inability to enjoy various pleasures of life that he previously enjoyed.
For multiple counts of strict liability – defective design, negligence and breach of warranties, the plaintiff is seeking damages in excess of $50,000, plus interest, costs and such other relief as the Court deems appropriate.
The plaintiff is represented by Carl R. Schiffman and Benjamin T. Wilt of Schiffman Firm, in Pittsburgh.
The defendants have not yet obtained legal counsel.
Allegheny County Court of Common Pleas case GD-21-001892
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com