PITTSBURGH – The parents of a six-year-old child who allegedly suffered a broken leg during a beginner ice skating class have settled their litigation with the ice rink where the incident took place for about $29,000.
A.S. (a minor, by his parents and guardians, David Spear and Jill Spear) of Pittsburgh first filed suit in the Allegheny County Court of Common Pleas on Sept. 23 versus Alpha Ice Properties, LLC, also of Pittsburgh.
“On Nov. 3, 2019, the minor plaintiff attended his first and only ‘Learn to Skate’ class at defendant’s ice rink. The class was a beginner class for small children and this occasion was the minor’s first time on ice skates. During the class, the minor plaintiff was grouped with 7-8 other children, paired with 1-2 adult instructors such that it was impossible for the instructors to assist each child in the group,” the suit said.
“[The children were] provided no bucket or other device to assist with balance while on the ice, provided no pads of safety equipment nor safety instructions to his mother, other than a suggestions to bring a helmet, as some parents do, made in response to a question by his mother during a phone call initiated by his mother. [The children were] taken out onto the ice away from the boards, where there was nothing to hold onto for support.”
As a result, children in the minor A.S.’s group fell on the ice and some did so multiple times. On one occasion, the minor plaintiffs fell and a result, the minor sustained a right tibia fracture.
A.S. required medical attention, including but not limited to, a full and then partial leg cast followed by a boot, a prolonged period of no weight bearing and wheelchair use, time missed from school, inability to participate in physical activity such as recess and gym class, and months of physical therapy.
The plaintiffs argued that the defendants failed to provide adequate safety equipment to A.S., such as pads and appropriate balance devices, such as a bucket or other balance device, failed to properly instruct on the need for such safety equipment and failed to have an adequate number of adult instructors for the class.
Counsel for Alpha Ice Properties, LLC filed an answer to the case along with new matter on Dec. 9, claiming it was not negligent or lacked the presence of adequate measures and professionals to protect the safety of the minor child in question.
“It is averred that the program included other children and was of a typical class size for fall and/or winter children level classes. It is further averred that the program was staffed with an appropriate number of assistant instructors as well, and it included appropriate instructions for a Learn to Skate Program, including the proper way to fall on the ice and how to get back up. Any suggestion that falling by accident is improper in a Learn to Skate Program is expressly denied wherever said allegation may appear,” the answer read.
In new matter, the defendant further denied its responsibility for the child’s injuries.
“Defendant Alpha denies that it owed duties of the type alleged by the plaintiff, denies that it breached any duties owed to the plaintiff, denies that it was the legal proximate cause of any injuries and damages alleged to have been sustained by the plaintiff and sets forth all affirmative defenses available to it under Pennsylvania Rule of Civil Procedure 1030(a),” per the answer.
The defendant added the claims were barred by the release and waiver of liability to which the minor plaintiff’s parents agreed, which prohibited the signees from suing and indemnified the defendant from any and all liability in any legal action.
On Dec. 15, the plaintiffs responded that the defendant’s new matter was denied as conclusions of law and that the release waiver in question “does not and cannot bar the claims of the child, as he was a minor at the time.”
UPDATE
Pursuant to a June court order, a proof of deposit was filed on July 28, which affirms $17,400 proceeds from the case’s settlement were deposited in a restricted account to benefit the minor plaintiff.
Aside from the amount to benefit A.S., an equian lien repayment was $1,931.55 and a 33-percent attorney’s fee calculation from the settlement was $9,666.66. Therefore, the case was settled for approximately $29,000.
Prior to settlement and for a count of negligence, the plaintiffs were seeking damages in excess of the jurisdictional limits for arbitration.
The plaintiffs were represented by C.J. Engel of Swensen & Perer, in Pittsburgh.
The defendant was represented by George N. Stewart and Kerri Shimborske-Abel of Zimmer Kunz, in Greensburg.
Allegheny County Court of Common Pleas case GD-20-010120
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com