PITTSBURGH – A Western Pennsylvania couple alleges that the husband-plaintiff suffered a series of bodily injuries while working on the job at the U.S. Steel plant in Clairton, and that the company was responsible for the circumstances which caused those same injuries.
Dennis Maksin and Melanie Riley of Glassport first filed suit in the Allegheny County Court of Common Pleas on July 30 versus United States Steel Corporation, of Pittsburgh.
“On or about Aug. 14, 2019, plaintiff Maksin was working in the course and scope of his employment with his employer (SSSI, Inc., doing business as “Songer Steel”). In turn, on that date, Songer Steel had contracted to provide its employees, including plaintiff, to perform work at U.S. Steel’s Clairton Plant; on Aug. 14, 2019, plaintiff was working at the Clairton Plant in the capacity of Maintenance Bricklayer,” the suit says.
“On Aug. 14, 2019, there existed a dangerous condition within the Clairton Plant, specifically in or about the location in the plant known as Batteries 1-3, namely, an unlit, darkened hallway (and/or other sections/portions of Batteries 1-3). Indeed, no illumination or lighting whatsoever was present in the hallway and other sections/portions of Batteries 1-3 rendering it impossible for plaintiff to see.”
In the course of his work, Maksin was required to traverse the hallway and/or other sections/portions of Batteries 1-3 in order to manually transport a large, 70-pound pipe through said area, by carrying the pipe overhead.
“As plaintiff walked through the darkened, ‘pitch black’ hallway and/or other sections/portions of Batteries 1-3, he tripped. Upon tripping, plaintiff dropped the pipe he was carrying overhead, backwards; he then released the pipe with his right hand while continuing to hold it with his left. Immediately, plaintiff heard and felt ‘popping’ in his left shoulder, experienced severe pain, and was rendered unable to move his left arm,” the suit states.
“Because of the total and complete lack of lighting in the ‘pitch black’ hallway and other sections/portions, plaintiff was unable to see, and consequently tripped. Due to the unexpected nature of plaintiff’s tripping, he had no time to respond, causing plaintiff to sustain serious and severe bodily injuries, and to require extensive treatment, including surgeries. As the owner of the Clairton Plant, the defendant was aware or should have been aware of the dangerous condition consisting of non-existent lighting in the hallway and other portions of the area located at Batteries 1-3 and should have remedied the dangerous condition.”
According to the complaint, Maksin suffered a litany of injuries, including: Severe left shoulder pain; displaced fracture of the glenoid cavity of the left scapula, requiring surgery; inferior labral tearing, left shoulder, requiring surgery; loss of range of motion, left shoulder; left shoulder dislocation; left shoulder anterior instability; muscular pain in the left shoulder; axillary pain extending into the left fourth and fifth fingers; aggravation of left elbow injury; left upper extremity pain, tingling, and numbness; back pain; cervical spine pain; chest pain; left foot and leg pain; sciatic pain; anxiety and other potential serious and/or permanent damage.
For counts of premises liability negligence and loss of consortium, the plaintiffs are seeking damages in excess of the jurisdictional arbitration limits of the Allegheny County Court of Common Pleas’s Arbitration Division, including but not limited to, pain and suffering, compensatory damages, punitive damages, costs and fees, plus a trial by jury.
The plaintiffs are represented by Patrick W. Murray and Jonathan M. Stewart of SMT Legal, in Pittsburgh.
The defendant has not yet secured legal counsel.
Allegheny County Court of Common Pleas case GD-21-008882
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com