PITTSBURGH – A Pittsburgh siding company denies allegations that a contractor’s severe spinal fractures suffered two years ago are the result of its own negligence, instead assigning that blame to its fellow co-defendants.
Chunfeng Li and Yingji Jin of Silver Spring, Md. first filed suit in the Allegheny County Court of Common Pleas on May 25 versus All Season Siding, Inc. of Pittsburgh, Ryan Homes, Inc. and Ryan Operations GP of Fairfax, Va., NVR, Inc. of Reston, Va. and John Doe Companies 1-12.
“On the morning of June 12, 2019, plaintiff Lu was installing siding on the exterior of the second floor of a house in the Creekside Crossing development project, while standing on the first floor roof above a portion of the house’s garage and porch area. Lu was working as an independent contractor installing siding on a single-family residential house on or near Regency Drive in the Creekside Crossing development project when he fell approximately 10 feet from the first floor roof to the ground,” the suit said.
“At the time of his fall and for a long period of time prior thereto, including on prior days, plaintiff and others were performing siding installation in elevated areas without proper fall protection. Solely as the result of the negligence, carelessness, wrongdoing, and tortious conduct of defendants All Season Siding and Ryan Homes, plaintiff fell and received injuries that are serious, severe, disabling, and permanent.”
The suit added that Lu’s injuries were made worse by his employer’s response, or alleged lack thereof.
“After plaintiff Lu fell a significant distance and landed on the ground, a representative from defendant All Season Siding and another individual carried plaintiff Lu into the garage of the house on which plaintiff Lu was working. While in agonizing pain, plaintiff Lu pleaded with the representative from defendant All Season Siding to call an ambulance or take him to the hospital. The representative from defendant All Season Siding refused. Plaintiff Lu was too severely injured to drive himself to the hospital,” according to the suit.
“Defendant All Season Siding negligently, carelessly, callously, recklessly, and intentionally deprived plaintiff Lu of immediate medical assistance, despite his pleas for help. As a result of the delay in treatment, plaintiff Lu’s injuries, described below, were worsened.”
The suit further claimed that prior to June 12, 2019, defendants All Season Siding and Ryan Homes knew or should have known of the existence of the dangerous and hazardous condition that caused plaintiff Lu, an independent contractor, to suffer the injuries he did.
“As a direct and proximate cause of the negligence, carelessness, wrongdoing, and tortious conduct of each of the defendants, plaintiff Lu suffered and continues to suffer the following permanent and disabling injuries and damages,” per the suit.
“These included, but are not limited to: Back and torso injuries caused by a fall from significant height, including but not limited to, spinous fractures to his T8, T9, and T10 vertebrae, left lateral endplate acute displaced spinous fractured of T11 vertebra, acute compression fracture of T12 vertebra, displaced L1 through L4 vertebrae, fractures to L3 through L5 vertebrae, acute non-displaced posterior left 11th rib fracture, left retroperitoneal hematoma, internal bleeding, and sequelae of all of the above; Loss of earnings and earning capacity, past and future; Great pain, suffering, scarring, disfigurement, humiliation, and loss of enjoyment of life’s pleasures, past and future; Hospital and medical expenses, past and future; and mental and emotional agitation and suffering.”
UPDATE
All Season Siding, Inc. filed an answer on July 27, along with new matter and a cross-claim against its fellow defendants.
“Plaintiff was contributorily negligent. Defendant asserts, as an affirmative defense, the relevant provisions of the Pennsylvania Comparative Negligence Act. Plaintiff has failed to set forth a cause of action against this defendant upon which relief can be granted,” the new matter stated.
All Season Siding further outlined its position in its cross-claim against each of its fellow defendants.
“In the event it is judicially determined that the plaintiffs are entitled to a recovery, which is denied, then it is averred that co-defendant are solely liable to the plaintiffs. In the event it is judicially determined that the plaintiffs are entitled to a recovery from this defendant, which is denied, then it is averred that the co-defendants are liable with this defendant for contribution and/or indemnification,” according to the cross-claim.
For counts of negligence and loss of consortium, the plaintiff is seeking all damages available under the facts and Pennsylvania law, as well as interest and costs, in a sum in excess of the arbitration limits of this Court.
The plaintiffs are represented by Debra A. Jensen and Bradley R. Smith of Galfand Berger, in Philadelphia.
The defendants are represented by Bryan J. Smith of Dell Moser Lane & Loughney, plus Stephen Summers and Joseph A. Hudock Jr. of Summers McDonnell Hudock Guthrie & Rauch, all in Pittsburgh.
Allegheny County Court of Common Pleas case GD-21-005805
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com