PITTSBURGH – Advance Auto Parts wants summary judgment against a Pittsburgh man who suffered a broken hip during a fall which occurred in the parking lot of one of its local stores, saying the area where the fall occurred was not its responsibility to maintain.
Jeffrey Bruce of Pittsburgh first filed suit in the Allegheny County Court of Common Pleas on July 10, 2020 versus Adrian Associates, LP of Pittsburgh and Advance Auto Parts, of Raleigh, N.C.
“On the morning of Aug. 18, 2018, plaintiff was walking back to his vehicle after making a purchase of a turn signal bulb at Advance Auto Parts. Previously, he had parked his vehicle in a parking space which had a cement parking stop for each individual parking spot,” the suit said.
“While attempting to open his vehicle hood in the parking lot, he did not see the cement parking stop and tripped over it, falling into a depression in the parking lot. The cement parking stop was not distinguished by being painted and essentially existed in the same color component as the surface of the parking lot, which made the same unnoticeable and caused plaintiff to trip over it and severely injure himself.”
The plaintiff said the defendants were responsible for designing, maintaining and inspecting the parking lot so that it is safe for customers to use. As a result, the plaintiff says he suffered a hip fracture and was rejected for a liver replacement needed to treat an underlying condition.
The auto store and its counsel filed an answer to Bruce’s complaint on Oct. 27, 2020 denying it was responsible for his injuries.
“Defendant admits that there is an Advance Auto Parts store located at 1347 Liberty West Liberty Avenue, Pittsburgh, PA 15226. Defendant was a tenant of the building in which this store was located and operated and maintained the store. Defendant denies that it was the owner of the building and/or any “real property” at/near where the store was located,” the answer read, in part.
In new matter, Advance Auto Parts continued to disavow its responsibility for Bruce’s injuries.
“Plaintiff’s claims fail to state a cause of action upon which relief may be granted, are barred and/or reduced by the failure to mitigate any alleged damages and are barred by plaintiff’s assumption of risk,” the answer stated.
Furthermore, Advance Auto Parts levied a cross-claim against its co-defendant.
“To the extent that it may be determined that plaintiff suffered damages as alleged in plaintiff’s complaint, and to the extent that it is determined that those damages were caused in whole or in part by defendant, allegations which defendant specifically denies, such damages were caused solely by the negligence of Adrian Associates,” per the cross-claim.
After the complaint was reinstated, Adrian Associates filed its own answer with new matter to the claims and counterclaims on Jan. 26.
“To the extent justified by the evidence developed in discovery or the testimony at the time of trial, this defendant pleads the contributory, causal negligence of the plaintiff and the provisions of the Pennsylvania Comparative Negligence Act as a complete or partial bar to any recovery by the plaintiff in this action, the answer read.
“To the extent justified by the evidence developed in discovery or the testimony at the time of trial, this defendant avers the plaintiff may not recover any medical expense reimbursements in excess of amounts accepted as full payment in satisfaction by medical providers, pursuant to Moorhead v. Crozer Chester Medical Center.”
Adrian Associates added that in its view, the plaintiff failed to mitigate his damages by ignoring the advice of medical providers.
UPDATE
Counsel for Advance Auto Parts filed for summary judgment on Aug. 4.
“Moving defendant has no relationship with plaintiff. It entered into a lease agreement with co-defendant years before the plaintiff’s alleged fall. There is no social utility in requiring a tenant to bear the responsibility to maintain common areas of a multi-tenant property when this falls under the contractual duties of the landlord pursuant to the lease. There is little risk imposed by tenants relying on the terms of their lease requiring their landlords to maintain common areas outside of their control,” the motion stated.
“Imposing this landlord duty on tenants makes little sense where the contract calls for the landlord to be responsible, and it is averred that multiple tenants bearing the responsibility for maintaining common areas that they contractually are not obligated to maintain could create confusion and lack of clarity as to who is ultimately responsible for keeping the area safe. It does not serve a cognizable public interest to hold a tenant responsible for maintaining common areas that are the contractual obligation of a landlord to maintain in a multi-tenant property. The parties were clear in their intent to make this duty fall on the shoulders of the co-defendant, and creating a duty on behalf of the moving defendant, against the explicit terms of the lease, serves no legitimate public good, and subverts the intent of the parties, and the plain language of the lease itself.”
Advance Auto Parts’ counsel argued that since maintenance of the area in question is the lone responsibility of the landlord,
As maintenance of the vehicular parking areas are the contractual duty of the landlord alone, Advance Auto Parts argues that it cannot be liable for any injuries that plaintiff alleges to have occurred. Since that would nullify the evidence of the plaintiff’s negligence claim, the company seeks summary judgment to dismiss the case with prejudice.
For a count of negligence, the plaintiff is seeking damages in excess of $35,000, plus such other relief as the court deems fair and just and a trial by jury.
The plaintiff is represented by John A. Adamczyk of Adamczyk Law Offices, in Pittsburgh.
The defendants are represented by Trisha A. Gill of Litchfield Cavo, also in Pittsburgh, plus Paul J. Walsh III, Gina M. Zumpella and Amanda C. Steff of Walsh Barnes & Zumpella, in Wexford.
Allegheny County Court of Common Pleas case GD-20-007535
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com