PITTSBURGH – A 94-year-old woman who was allegedly assaulted by her home health care aide has reached a settlement in her second lawsuit in state court concerning the events in question.
Bunny Pittsburgh of Pittsburgh initially filed suit in the Allegheny County Court of Common Pleas on Jan. 19 versus BrightStar Healthcare, BrightStar Care Of Monroeville, New Kensington & SE Pittsburgh and Joann Cargile, also all of Pittsburgh, plus Seba Abode, Inc. (doing business as “BrightStar Care”), of Venetia.
The suit stated Bunny lived at Riverview Towers for four-and-a-half years, and in that time, received home health care through defendant BrightStar for over 2 years. On Jan. 23, 2019, Bunny was under the care of defendant Cargile, her home health aide.
“During a shift change, BrightStar Healthcare aide Kweilin Wofford heard screams and cursing as she approached Ms. Pittsburgh’s Riverview Towers apartment. When Wofford arrived at Ms. Pittsburgh’s apartment door, she realized that the screams and cursing came from inside Ms. Pittsburgh’s apartment. Prior to entering Ms. Pittsburgh’s apartment, Wofford heard Ms. Pittsburgh yell, ‘You kicked me! Why would you kick me?” the suit stated.
“Wofford subsequently entered Ms. Pittsburgh’s apartment and found defendant Cargile standing over Ms. Pittsburgh, who was sitting on her bed with significant injuries to her lower leg. Police officers and paramedics were then called to the scene. Due to the severity of Ms. Pittsburgh’s injuries, she was ultimately transported via ambulance to UPMC Shadyside Emergency Department.”
Upon examination, it was determined Bunny suffered a laceration to the lower leg, which required 17 stitches to close. In addition to the physical injuries, Bunny said she has been “emotionally and mentally traumatized” by Cargile’s actions, since she relies on the care of her home health aides and as a result of this incident, she believes her trust and reliance has been abused.
It is the second such lawsuit the plaintiff has filed regarding the incident, though there has been no activity in the first case in several months and the defendants never responded to the initial complaint.
UPDATE
On Sept. 22, plaintiff counsel filed a praecipe to settle, discontinue and end the litigation. Terms of the settlement were not disclosed.
“Kindly mark the above captioned matter as settled and discontinued. This settlement is made with the consent of all parties,” the praecipe read.
Prior to settlement and for counts of assault, battery, negligence, corporate negligence and vicarious liability, the plaintiff was seeking damages in excess of the applicable arbitration limits, together with costs, interests, and such other just and equitable relief as this Honorable Court deems proper, plus a trial by jury.
The plaintiff was represented by Brittani R. Hassen, James P. Lopez and George M. Kontos of Kontos Mengine Killion & Hassen, in Pittsburgh.
The defendants did not obtain legal counsel.
Allegheny County Court of Common Pleas case GD-21-000555
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com