PITTSBURGH – A Western Pennsylvania woman reiterates claims that she suffered both multiple leg and back injuries after falling at a friend’s home from coming into contact with an unsecured water meter, and counters the City of Duquesne’s denials to that effect.
Tina Keeno of Linesville first filed suit in the Allegheny County Court of Common Pleas on Nov. 10 versus The City of Duquesne.
“At some time in June of 2019, prior to plaintiff’s fall, defendant was provided actual notice that the water meter was creating a dangerous, hazardous and unsafe condition, in that the cover was unsecured by Lisa Daly, a local property owner,” the suit stated.
“On July 12, 2019, plaintiff was visiting a friend when she encountered the dangerous, hazardous and unsafe water meter. At said date and time, she stepped on the water meter cover and fell through with her right foot, injuring both of her legs, lower back and tailbone. Plaintiff spoke with police and a report was generated. Written notification of her claim was sent by counsel on Aug. 26, 2019.”
Additionally, the plaintiff suffered left lateral disc herniation at her L3-L4 vertebrae and lumbar intervertebral disc disorder which was worsened by her fall.
The plaintiff said that the defendant’s negligence in failing to inspect the property, repair the water meter cover and failing to warn visitors to the property of the inherently dangerous condition.
UPDATE
Counsel for the City of Duquesne responded to the lawsuit on Jan. 20, denying that a dangerous and/or unsafe condition existed on the premises, with respect to the water meter.
In additional new matter, the City cited the Political Subdivision Tort Claims Act and its provisions for immunity from liability and limitation on recoverable damages.
“Plaintiff’s complaint fails to state a cause of action against this defendant upon which relief could be granted. This defendant sets forth as a complete bar to this action any applicable statute of limitations and/or the doctrines of waiver, estoppel and laches. The injuries, losses and damages allegedly sustained by the plaintiff were the sole and proximate result of intervening and superseding causes or actions of others over which this defendant had no control,” the answer’s new matter stated.
Keeno’s counsel replied to the new matter on May 11, refuting its veracity.
“Paragraphs 12-16 state a legal conclusion to which no response is necessary and is therefore denied,” the reply stated.
For a count of negligence, the plaintiff is seeking damages in excess of the arbitration limits of the Court.
The plaintiff is represented by Thomas D. Hall of the Law Offices of Hall & Copetas, in Pittsburgh.
The defendant is represented by John L. Kwasneski of the Law Offices of Jerry S. Eisenberg, also in Pittsburgh.
Allegheny County Court of Common Pleas case GD-20-011622
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com