PITTSBURGH – A Coraopolis couple are seeking injunctive relief from both city and state authorities regarding the death of their son, who was killed when a sidewalk railing he was next to unexpectedly gave way.
Doreen McMurtrie and James Stephen Boburka (on behalf of the deceased, Brandon James Boburka) of Coraopolis first filed their petition in the Allegheny County Court of Common Pleas on May 21 versus FC Station Square Landmark, LLC of Cleveland, Ohio, the Port Authority of Allegheny County and City of Pittsburgh and the Commonwealth of Pennsylvania’s Department of Transportation, of Harrisburg.
“On May 16, 2021, Brandon Boburka fell to his death after a railing along the sidewalk where he was lawfully traversing collapsed/gave way, at at/near Port Authority Stop ID: 2309, The Duquesne Incline, and the address of 931 West Station Square Drive, Pittsburgh, PA 15219, further identified as parcel ID: 0006-H-00091-0000-00 in Allegheny County, at what is colloquially known as West Carson Street in Pittsburgh, PA 15219,” the petition says.
“At all times relevant hereto, defendants owned, controlled, operated, managed, supervised, and/or were responsible for maintaining the premises where Brandon fell to his death, after the railing collapsed. On May 21, 2021, agents, employees, contractors, and/or subcontractors of defendants were attempting to repair the railing, and while in the process of same, were spoliating and destroying the integrity of physical evidence and the scene of the incident itself.”
On that same date, the agents, employees, contractors and/or subcontractors of defendants informed undersigned counsel that the entirety of the railing would be replaced “by next week.”
“At all times relevant hereto, defendants were either aware or should have been aware of the incident surrounding Brandon’s death. On or about May 16, 2021 plaintiffs’ counsel immediately notified defendants of a notice for claim and demanded preservation of the scene and all evidence pertaining thereto,” per the petition.
“Defendants’ aforesaid actions are causing plaintiff’s immediate and irreparable injury as defendants’ actions are destroying the integrity of critical evidence to plaintiffs’ case. Plaintiffs will suffer continue to suffer immediate and irreparable injury unless this Honorable Court enjoins defendants from taking any further action.”
For a count of injunctive relief, the plaintiffs are demanding that the scene at the premises and all physical evidence, including the railing, be preserved for inspection in its original condition, and that any and all video, photographic, documentary, and/or other material evidence related to the above-referenced incident, also be preserved and retained for future inspection/litigation
The petitioners are represented by Michael J. Zagari of Zagari & Associates, in Pittsburgh.
Respondent Port Authority of Allegheny County is represented by Gregory A. Evashavik and Nicholas J. Evashavik of Evashavik Law, also in Pittsburgh.
Allegheny County Court of Common Pleas case GD-21-005729
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com