PITTSBURGH – Counsel for a pair of Western Pennsylvania property owners have countered a man’s lawsuit alleging serious injuries from a defective scaffold leased to his employer, by arguing that the fault instead belongs to their co-defendant, a local equipment rental company.
Waynar Parker of Cheswick first 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 stated.
“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 alleged 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.
UPDATE
Attorneys for the Onofers filed an answer and accompanying cross-claim on April 22, denying the allegations contained in the complaint and shifting the liability for the incident at issue to A-1 Rental, Inc.
“Plaintiff’s complaint fails to state a proper cause of action against these defendants. In the event plaintiff failed to timely file his lawsuit, defendants plead the applicable statute of limitations as a complete bar to the plaintiff’s complaint. In the event it is determined defendants are the statutory employer of the plaintiff, defendants are immune from this lawsuit. These defendants did not own and were out of possession and control of the scaffolding used by plaintiff and plaintiffs employer at the time of the incident,” the answer states.
“Plaintiff and his employer and co-employees were in possession and control of the premises where the work was being done by plaintiff and his employer at the time of his incident. At all times relevant hereto, the plaintiff and his employer were responsible for the safe use of any and all equipment they needed to perform their work. Plaintiff’s alleged injuries and damages were caused by the acts and/or omissions of other parties or entities for whom these defendants are not legally responsible. At all times relevant hereto, plaintiff was an employee or agent of an independent contractor who is responsible for plaintiff’s alleged injuries and damages.”
The Onofer defendants also filed a cross-claim against A-1 Rental, Inc.
“Defendants deny any and all liability to the plaintiff in regards to the claimed injuries and damages. In the event the plaintiff’s alleged injuries and damages were caused solely and/or proximately by the strict liability and/or negligence or breach of warranties of co-defendant A-1 Rental, Inc., as alleged in the complaint, then A-1 Rental is solely and/or jointly liable and/or severally liable to the plaintiff,” per the cross-claim.
“In the event it is determined these defendants are liable to the plaintiff, said liability being expressly denied, then co-defendant A-1 is jointly and/or severally liable and/or liable to these defendants for contribution and common law indemnity. These defendants assert claims for contribution and/or indemnity against co-defendant A-1 Rental, Inc., based on its direct, joint, and/or several liability.”
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 are represented by John F. Deasy of Marshall Dennehey Warner Coleman & Goggin and John M. Giunta and Douglas J. Keil of Thomas Thomas & Hafer, also all in Pittsburgh.
Allegheny County Court of Common Pleas case GD-21-001892
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com