PITTSBURGH – An Enon Valley recreation center and Slovene benefit society are seeking to depose an Illinois man and his mother, after litigation they filed had claimed he was paralyzed by a fall from a tree during a music festival on the defendants’ property.
Luke Krisciunas and his mother Karen Bushman of Lemont, Ill. initially filed a complaint on June 20, 2019 in the Allegheny County Court of Common Pleas versus SNPJ Recreation Center of Enon Valley and Slovene National Benefit Society of Imperial.
(Bushman was later dismissed from the lawsuit.)
The group is a nationwide society that provides life insurance to members of Slovene descent.
According to the suit, on July 7, 2017, Krisciunas attended the music festival “Slovenefest,” which was sponsored by the Slovene National Benefit Society and held at SNPJ Recreation Center.
The suit stated Krisciunas’ friend’s brother suggested that the plaintiff climb a tree in order to see around the event and find certain attractions. Then, Krisciunas did so and one of the tree branches broke, causing him to fall from a height of approximately 15-20 feet onto an uplifted tree root.
Krisciunas was then airlifted to the hospital and treated for a number of injuries, including fractures and paraplegia. He alleged he was told he will never walk again and is confined to a wheelchair.
The plaintiffs claimed the defendants failed to warn that the tree and/or branch was rotting and dangerous.
“Furthermore, there were many employees and members of SNPJ Recreation Center and Slovene National Benefit Society walking around while they were climbing the tree and no one ever told them to stop and/or get off the tree,” the lawsuit said.
However, on July 29, 2019, the defendants filed preliminary objections to Krisciunas and Bushman’s lawsuit, alleging their claims are without merit and must be dismissed. Since that time, the suit has been amended three additional times, with the defendants filing separate objections to each successive version.
On Dec. 9, 2019, an Allegheny County judge dismissed all demands and counts for punitive damages which had been found in prior iterations of the suit.
Three weeks later, the SNPJ Recreation Center and Slovene National Benefit Society, filed an answer to the fourth version of a complaint filed by the injured man in question, Luke Krisciunas.
The answer argued that the tree from which Krisciunas fell was “healthy” and “pruned as needed”, while also being “beyond the perimeter of the Slovenefest” which had been held “in a fenced-in area, including the main building and its front and side yards, parking lots, the tennis court and the Heritage Pavilion.”
Moreover, the answer added that Krisciunas’s voluntary assumption of the risk of climbing the tree and contributory, causal negligence in doing so bars any recovery of damages by him in this action.
Krisciunas denied the defense’s assertions in responses to the new matter filed Jan. 13, 2020.
UPDATE
After a relative lull of nearly two and a half years, the defendants are seeking to depose Krisciunas and Bushman sometime this summer.
“This case was filed via complaint on June 20, 2019. Pleadings were completed on Jan. 13, 2020, the date upon which plaintiff filed an answer to new matter. Discovery has been exchanged with plaintiff producing answers, although supplemental information is needed, on or about May 19, 2020. Defendants filed discovery responses on Nov. 3, 2021,” the defense’s motion to compel depositions stated, in part.
“This counsel has been requesting deposition of plaintiff Luke Krisciunas and his mother, Karen Bushman, since Feb. 28, 2022. Thereafter, this counsel has sent letters dated March 18, 2022, March 29, 2022, April 13, 2022 and most recently, May 25, 2022, requesting these depositions. It is our understanding that plaintiff and his mother live in or around the Chicago, Ill. area. Defense counsel are willing to travel to Chicago to take these depositions and/or conduct the depositions here in Pittsburgh. This defense counsel herein requests that plaintiff’s counsel be ordered to produce plaintiff Luke Krisciunas and his mother, Karen Bushman, on one of the following days: Monday, Aug. 29, 2022; Tuesday, Aug. 30, 2022; Wednesday, Aug. 31, 2022; and/or, Thursday, Sept. 1, 2022.”
For counts of negligence and loss of services, the plaintiff is seeking damages, individually, jointly and severally, compensatory damages, punitive damages, attorney’s fees, costs of suit and other such relief which the court may deem just and proper in excess of $50,000, in addition to a trial by jury.
The plaintiff is represented by Jordan K. Merson and Jaclyn M. Ponish of Merson Law, in Philadelphia.
The defendants are represented by Susan A. Kostkas and Paul J. Walsh III of Walsh Barnes & Zumpella, plus John W. Zotter of Zimmer Kunz, all in Pittsburgh.
Allegheny County Court of Common Pleas case GD-19-008916
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com