PITTSBURGH – Plum Borough asserts it’s not responsible for injuries a Beaver County woman suffered when she was allegedly struck by an ATV at the field, and counters through a cross-claim that its co-defendant baseball and softball leagues are at fault.
Heidi Stacy and Jason Stacy of Beaver first filed suit in the Allegheny County Court of Common Pleas on March 11 versus Plum Baseball & Softball Association and Plus Borough of Pittsburgh, plus Atlantic Coast Baseball, LLC, of Murrysville.
“At the time of this accident, Plum Borough was the owner of the baseball fields located at 4575 New Texas Road, Pittsburgh, Allegheny County, Pennsylvania 15239. The defendants, jointly and/or severally, were the owners of an ATV, believed to be a John Deere Gator or similar ATV, used for the purpose of maintaining the baseball and softball fields,” the suit stated.
“This accident occurred on June 22, 2019, at the Plum Doro Fields located at 4575 New Texas Road, Pittsburgh, Allegheny County, Pennsylvania 15239. At the time of this accident, Plum Baseball & Softball Association was hosting a baseball tournament along with Atlantic Coast Baseball, LLC. Plaintiffs were guest invitees attending the baseball tournament to watch their son.”
The suit explained that the wife-plaintiff was standing near a set of bleachers watching warm ups and waiting for the game to start, and while standing near the bleachers, employee of one or more of the defendants, believed to be minors, were operating the defendants’ ATV.
Those same employees were sitting on the ATV when it suddenly, without warning, and in a careless and negligent manner, traveled in reverse at a high rate of speed, striking the wife-plaintiff and another spectator, and pinning her between the bleachers and the ATV.
The plaintiffs alleged that that defendants were collectively negligent for the incident.
“By reason of the carelessness and negligence of the defendants, jointly and/ or severally, the wife plaintiff suffered the following injuries: Bruises and contusions, generally; right thigh bruising; right hip labral tear; injury to jaw and severe shock to the nerves and entire nervous system; many of which injuries are of a permanent nature and character,” per the suit.
“As a result of her injuries, the wife plaintiff was required to receive medical care and treatment, x-rays, medicines and other proper and necessary things in an effort to restore her health and she has been informed and believes that by reason of her injuries, she will be required to undergo additional and similar medical care and treatment in the future.”
UPDATE
On April 6, Plum Borough filed an answer, new matter and accompanying cross-claim in the suit. It denied fault for the accident at issue, and countered that its co-defendant baseball and softball leagues were responsible.
“Plaintiffs have failed to state a claim upon which relief can be granted against Plum. Plaintiffs’ claims are barred as a result of the plaintiffs’ failure to comply with the notice requirements for filing suit against a Commonwealth agency, political subdivision, local governmental agency, city, county, public servant or public employee pursuant to 42 Pa. C.S.A. Section 5522,” the answer said, in part.
“Plaintiffs’ claims are barred and/or limited by the affirmative defense of governmental immunity. All of the provisions of the Political Subdivision Tort Claims Act, 42 Pa. C.S.A. Section 8541, et seq., are incorporated herein by reference and raised as an affirmative defense to the plaintiffs’ claims. At all times material hereto, no employees, agents or servants of Plum were operating the ATV that allegedly struck the plaintiff”
In the cross-claim, it was asserted that Plum Baseball & Softball Association and Atlantic Coast Baseball, LLC were instead responsible for the accident.
“To the extent the allegations of the plaintiffs’ complaint are true, which are admitted only to the extent set forth above, Plum asserts that the Co-Defendants, Plum Baseball & Softball Association and Atlantic Coast Baseball, LLC, are each solely liable to the plaintiffs on the plaintiffs’ claims,” the cross-claim stated.
“To the extent the allegations of the plaintiffs’ complaint are true, which are admitted only to the extent set forth above, in the event that the plaintiffs, or any other party establishes liability against Plum, which liability Plum specifically denies, then Plum asserts that the co-defendants, Plum Baseball & Softball Association and Atlantic Coast Baseball, LLC, are jointly and severally liable to the plaintiffs along with Plum and Plum is entitled to contribution from co-defendants, Plum Baseball & Softball Association and Atlantic Coast Baseball, LLC.”
For counts of negligence and loss of consortium, the plaintiffs are seeking damages, jointly and severally, exceeding the jurisdictional limits for arbitration as established by local rule of the Allegheny County Court of Common Pleas, in addition to a trial by jury.
The plaintiffs are represented by Kenneth G. Fawcett of Bowers Fawcett & Hurst, in Ambridge.
Defendant Plum Borough is represented by Gregg A. Guthrie of Summers McDonnell Hudock Guthrie & Rauch, in Pittsburgh.
Allegheny County Court of Common Pleas case GD-21-002178
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com