PITTSBURGH – A Western Pennsylvania dance studio defends itself from a lawsuit where a woman was seriously injured at one of its events after her leg came into contact with a rolling table cart, saying that the school which hosted the event was instead at fault.
Janis L. Lento and Alfred M. Lento of Venetia first filed suit in the Allegheny County Court of Common Pleas on Jan. 19 versus Borelli’s Dancy Gallery, Inc. (doing business as “Borelli’s Dance Gallery”), of Bethel Park.
On June 9, 2019, the Dance Gallery, a for-profit dance studio, held a dance recital at Upper St. Clair High School, where tickets for admission were sold to members of the public.
“On June 9, 2019, at 1 p.m., plaintiff attended the event to see her granddaughter perform at the recital organized by Dance Gallery. Plaintiff was a business invitee who had paid Dance Gallery for admission onto the property for the purpose of attending the event,” the suit stated.
“At or about the time of intermission, plaintiff exited the auditorium where the event was held and proceeded toward the front entrance of the property, so that she could make a telephone call. Shortly thereafter, plaintiff attempted to return to the auditorium, when, suddenly and without warning, her right leg came into contact with a rolling table cart that was placed in an unreasonably dangerous manner, causing her to fall violently to the floor and sustain substantial injuries.”
The plaintiffs alleged that the defendant knew or should have known of the dangerous, hazardous and defective condition that existed on the property.
“Defendant failed to take any steps to eliminate the hazard, reduce its danger to invitees or otherwise warn invitees, including plaintiff, of the dangerous and defective condition,” per the suit.
UPDATE
Counsel for the dance studio filed an answer to the complaint along with new matter on March 24, denying its tenets and asserting new matter in the case.
“To the extent that the plaintiffs sustained damages as set forth in the complaint, any right of recovery against this defendant being specifically denied, then the plaintiffs’ claims are barred or must be reduced or diminished by their own comparative and contributory negligence and the same is hereby pleaded as an affirmative defense. At the times material hereto, defendant acted prudently with the degree of care necessary under the circumstances,” per the new matter.
“Defendant avers that the injuries and resulting medical treatment alleged by the plaintiffs, the same not being admitted, are the result of a prior injury and/or medical condition. While denying any liability, defendant asserts that liability, if any, should be several, and that their liability is limited by the terms of the Pennsylvania Fair Share Act 42 Pa.C.S.A. Section 1702(a.1), which defendant asserts as an affirmative defense.”
The studio asserted that the school district was at fault for the incident, instead.
The plaintiff responded to the new matter on March 31, denying it and demanding strict proof of same at trial.
For counts of negligence and loss of consortium, the plaintiff is seeking unspecified damages, plus interests, costs, all other relief this Honorable Court deems just and appropriate, plus a trial by jury.
The plaintiffs are represented by Joseph M. Gaydos Jr. and Michael R. Potochny of Gaydos & Associates, in White Oak.
The defendant is represented by Thomas A. McDonnell of Summers McDonnell Hudock Guthrie & Rauch, in Pittsburgh.
Allegheny County Court of Common Pleas case GD-21-000546
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com