PITTSBURGH – A state court judge has transferred an Alabama couple’s negligence lawsuit, filed after a garage door was allegedly dropped on the head of the wife-plaintiff and caused her a traumatic brain injury, to the Lawrence County Court of Common Pleas.
Carol Adams and Richard Adams of Tuscaloosa, Ala. first filed suit in the Allegheny County Court of Common Pleas on Jan. 4 versus Preston Motors, Inc., of New Castle.
“On or about Jan. 7, 2019, at or around 11 a.m., plaintiff arrived at defendant’s service station in New Castle, Pennsylvania, for assistance with the tires of her vehicle, which she leases from defendant,” the suit said.
“After plaintiff informed an employee of defendant that she needed air in her tires, he advised her to relocate her vehicle to the other side of the building to perform the service. As plaintiff was exiting the garage to relocate her vehicle, an employee of defendant began closing the garage door, which struck plaintiff in her head and caused her to fall backwards.”
The plaintiffs alleged the defendant was negligent in failing to adequately train its employees to use the garage door and in striking the plaintiff with the garage door, among other actions.
“As a direct and proximate result of this incident, plaintiff, Carol Adams, suffered the following injuries: Hematoma on the left side of the forehead, injuries to the neck, traumatic brain injury, nervousness, emotional tension and anxiety, plus bruises and abrasions to her face,” the suit stated.
“As a direct and proximate result of her injuries, plaintiff has sustained the following damages in the past and into the future: Medical expenses, past and future pain and suffering, embarrassment and humiliation, loss of enjoyment of life’s pleasures and disfigurement.”
UPDATE
An attorney for Preston Motors filed a stipulation on March 26, disclosing a mutually agreed-upon stipulation between counsel for all parties, seeking the case to be transferred to the Lawrence County Court of Common Pleas.
“The defendant Preston Motors Inc.’s principal place of business is in New Castle, Lawrence County, Pennsylvania. The alleged incident that occurred on Jan. 7, 2019, which gives rise to this action, occurred on defendant’s premises located in New Castle, Lawrence County, Pennsylvania. Lawrence County is the proper venue for this lawsuit. Allegheny County is not a proper venue for this lawsuit, and the case should be transferred to Lawrence County, Pennsylvania,” the stipulation said.
On April 20, Allegheny County Court of Common Pleas Judge Alan D. Hertzberg authorized the transfer of the case.
“It is hereby ordered that this lawsuit shall be transferred to the Court of Common Pleas of Lawrence County. It is further ordered that the prothonotary of Lawrence County within 20 days from the date of this order, with all costs associated with such transfer to be paid by the plaintiff,” Hertzberg said.
“The prothonotary of the Court of Common Pleas of Allegheny County shall transfer certified copies of the docket entries, process, pleadings and other papers filed in this action to the prothonotary of Lawrence County in accordance with Pennsylvania Rule of Civil Procedure 1006.”
For counts of negligence and loss of consortium, the plaintiff is seeking damages in excess of the jurisdictional arbitration limit, plus interest, costs and a trial by jury.
The plaintiff is represented Joshua P. Geist of Goodrich & Geist, in Pittsburgh.
The defendant is represented by Andrew D. Shannon of Robb Leonard Mulvihill, also in Pittsburgh.
Allegheny County Court of Common Pleas case GD-21-000050
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com