PITTSBURGH – Plum Baseball & Softball Association argues that it is immune from a lawsuit brought by a Beaver County woman 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 Plum 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.”
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.
In the cross-claim, it was asserted that Plum Baseball & Softball Association and Atlantic Coast Baseball, LLC were instead responsible for the accident.
UPDATE
Plum Baseball & Softball Association filed an answer and new matter to the case on June 21, arguing that it is immune from the lawsuit through state law.
“Plaintiffs have failed to state a claim upon which relief may be granted. To the extent determined to be applicable, defendant Plum Baseball sets forth any applicable immunity provisions available under the Political Subdivision Tort Claims Act, 42 Pa.C.S.A. Section 8541, et seq. To the extent applicable, defendant Plum Baseball sets forth any immunities afforded pursuant to the Recreational Use of Land and Water Act, 68 P.S. Section 477-1 et seq. This answering defendant denies that it breached any duty owed herein,” the answer stated.
“To the extent revealed applicable or during testimony rendered at trial, defendant Plum Baseball denies that it was the legal proximate cause of any injuries and damages of which plaintiffs complain. To the extent established through discovery or testimony rendered at trial, plaintiff failed to exercise reasonable care for her own safety. Plaintiffs’ claims are barred and/or limited by the affirmative defenses of comparative negligence/contributory negligence. Defendant Plum Baseball asserts all of the provisions of the Pennsylvania Fair Share Act/Pennsylvania Comparative Negligence Act, 42 Pa.C.S. Section 7102 as affirmative defenses to the plaintiffs’ claims.”
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.
The defendants are represented by Gregg A. Guthrie of Summers McDonnell Hudock Guthrie & Rauch and Robert J. Behling of Burns White in Pittsburgh, and George N. Stewart and Kerri Shimborske-Abel of Zimmer Kunz, in Greensburg.
Allegheny County Court of Common Pleas case GD-21-002178
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com