PITTSBURGH – A Western Pennsylvania woman has reiterated claims that she suffered a broken left arm and other injuries after falling while making a trip to the restroom of a Pittsburgh bar, and that the bar is responsible for those same injuries.
Gabrielle Williams of Level Green first filed suit in the Allegheny County Court of Common Pleas on Dec. 18, 2020, versus Baumar, Inc. (doing business as “The Monkey Bar”), of Pittsburgh.
“On or about Dec. 13, 2019, plaintiff was a patron at The Monkey Bar located at 703 Clairton Boulevard, Pittsburgh, Allegheny County, Pennsylvania 15236, which contained a staircase that led to the restroom on the lower level,” the suit said.
“Plaintiff used the above-referenced staircase to use the restroom on the lower level when suddenly and without warning, plaintiff tripped and fell down the entire set of stairs, which were non-compliant with the applicable regulations, thereby causing serious injuries which may be permanent in nature.”
The plaintiff alleged the bar was negligent in its maintenance of the area and that she suffered a number of injuries in the resulting fall, including a broken left arm, right knee laceration, soft tissue damage, contusions, bumps, bruises and abrasions, physical pain and mental anguish, lacerations and permanent scarring.
“Here, the danger was an easily perceptible one. The defect existed at the time the staircase was constructed, not in compliance with the applicable regulations. As the property owner, defendant was surely aware that these defects existed, as they would have been obvious with even a cursory inspection,” according to the suit.
“Despite actual notice and actual knowledge of the aforementioned defects, defendant chose to continuously disregard a known risk of harm in intentional, wanton or reckless conduct indifference to the rights of others, including plaintiff. Indeed, it was only a matter of time before an injury occurred as a result of this dangerous condition.”
After one year, Baumar, Inc. filed preliminary objections and a related brief in response to the complaint on Dec. 17.
“This lawsuit arises out of a fall down that allegedly occurred on Dec. 13, 2019 at The Monkey Bar, located at 703 Clairton Boulevard in Pittsburgh. Plaintiff claims that she was using the staircase to use the restroom on the lower level when she tripped and fell down the stairs. Plaintiff alleges that the stairs were slippery, poorly-designed, constructed or maintained and were in a state of disrepair and not compliant with code regulations,” the preliminary objections stated.
“Plaintiff alleges that the defendant acted in a reckless fashion and had made a claim for punitive damages. The allegations set forth in the complaint clearly establish that this is a routine fall down steps and the allegations do not give rise to conduct beyond normal negligence, and certainly not conduct that was reckless which is significantly worse than negligent conduct in that it requires an intentional act. And certainly, it does not rise to the level of punitive damages. It is requested that the allegations of reckless conduct and any derivations thereof, and the claim for punitive damages be stricken from the complaint.”
After the plaintiff filed an amended complaint on Jan. 5, the defendant responded with an answer and new matter on Jan. 10. In addition to restating its denials of the plaintiff’s allegations, the defendant maintained that it no longer owned The Monkey Bar and that the plaintiff failed to properly mitigate her damages.
UPDATE
On Feb. 1, the plaintiff replied to the defendant’s new matter allegation which specifically asserted she failed to properly mitigate her own damages.
“The allegations contained in defendant’s new matter Paragraph 45 is a conclusion of law, which requires no reply. To the extent that a reply is required the allegations are denied as stated and strict proof to the contrary is therefore demanded at the time of trial,” the reply said.
For counts of negligence (premises liability) and negligence per se (Borough of Pleasant Hills Code), the plaintiff is seeking damages, jointly and severally, in excess of $35,000, plus punitive damages.
The plaintiff is represented by Joshua P. Ward of J.P. Ward & Associates, in Pittsburgh.
The defendant is represented by Michael E. Lang of Margolis Edelstein, in Beaver.
Allegheny County Court of Common Pleas case GD-20-012814
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com