PITTSBURGH – An Ohio woman who filed wrongful death litigation against a Western Pennsylvania healthcare operation and the driver of a van who allegedly failed to secure her father’s wheelchair while in transit and drove recklessly, leading him to topple over and die from his injuries, is pursuing default judgment.
Kimberly A. Piloseno (as Administratrix of the Estate of John V. Colonna) and Sandra Kay Colonna first filed suit in the Allegheny County Court of Common Pleas on Feb. 7 versus Southwestern Healthcare Operations, LLC (doing business as “The Residence At Arrowood”), SW Healthcare Center, LP (doing business as “Southwestern Assisted Care Residence”) and John Marcone. All parties are of Allegheny County.
The decedent was a resident of Arrowood owned and operated by the defendants on July 23, 2021, when he was picked up by defendant Marcone to be transported to his eye doctor appointment, per the lawsuit.
“On July 23, 2021, John V. Colonna was seated in a wheelchair as a passenger in a van owned by Southwestern Healthcare and/or Southwestern Assisted Care Residence and operated by Marcone. The wheelchair in which John V. Colonna was seated was not properly attached and secured inside the van and toppled over, causing injuries to John V. Colonna, which resulted in his death on July 30, 2021,” the suit said.
The suit alleged Marcone operated the van in an unsafe way and violently turned the vehicle, causing the decedent’s fatal injuries.
“Defendant Marcone’s first day of work as an employee of defendants, Southwestern Healthcare and Southwestern Assisted Care Residence, was shortly prior to the accident of July 23, 2021. Defendants Southwestern Healthcare and Southwestern Assisted Care Residence did not train Marcone regarding how to properly and safely secure and attach a wheelchair to the van floor. Specifically, it is believed and therefore averred that defendant Marcone was trained by another employee of defendants Southwestern Healthcare and Southwestern Assisted Care Residence, to secure the wheelchair to the van floor by using only two buckles/straps per wheelchair, which caused the wheelchair to be dangerously unstable,” the suit stated.
“After the incident occurred on July 23, 2021, defendant Marcone was retrained by his employer/defendants, Southwestern Healthcare and Southwestern Assisted Care Residence to secure wheelchairs to the van floor by using all four buckles/straps. Defendants Southwestern Healthcare and Southwestern Assisted Care Residence hired defendant Marcone and assigned him the duty of transporting passengers to medical appointments, knowing that he was not properly trained to properly secure the wheelchair to the van floor with all four straps and buckles secured thereto.”
UPDATE
In a statement issued on April 29, plaintiff counsel informed the Court that co-plaintiff Colonna had also passed away just weeks after the suit was filed.
“Sandra Kay Colonna died Feb. 23, 2022. On April 14, 2022, the Register of Wills of Allegheny County granted Letters of Administration on the Estate of Sandra K. Colonna a.k.a. Sandra Colonna late of Clairton, Allegheny County, Pennsylvania, deceased to Kimberly Ann Piloseno at Estate File No. 022202639. It is respectfully requested that Piloseno be substituted as party plaintiff in the above matter,” per the statement.
In a follow-up filing on May 2, plaintiff counsel indicated to the defendants that default judgment is in pursuit.
“You are in default because you have failed to enter a written appearance personally or by attorney and file in writing with the Court your defenses or objections to the claims set forth against you. Unless you act within 10 days from the date of this notice, a judgment may be entered against you without a hearing and you may lose your property or other important rights,” the certification for 10-day notice stated.
For counts of negligence, corporate negligence, punitive misconduct, wrongful death, survival and negligence, the plaintiffs are seeking damages, jointly and/or severally, in excess of $50,000 in compensatory damages, punitive damages, delay damages, interest and allowable costs of suit, and a trial by jury.
The plaintiffs are represented by Bernard P. Matthews Jr. and Thomas P. Pellis of Meyer Darragh Buckler Bebenek & Eck, in Greensburg.
The defendants are represented by Jennifer M. Swistak, William B. Pentecost Jr. and Marc R. Jones of Cipriani & Werner, in Pittsburgh.
Allegheny County Court of Common Pleas case GD-22-001490
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com