PITTSBURGH – A Penn State University student who suffered a series of full-body injuries, including a lacerated spleen, after falling out of his residence’s window during a hallway race with his friends, has sued the property’s managers for negligence, arguing they didn’t test the window’s strength and safety.
Michael Anthony Amato of Lower Gwynedd filed suit in the Allegheny County Court of Common Pleas on Aug. 16 versus College Avenue Properties, L.P. and McKinney Properties, Inc. (a.k.a. McKinney Real Estate Group, Inc.), both of Pittsburgh.
“On Aug. 22, 2021, plaintiff Amato was lawfully at his residence, the same site of the incident, located at 747 East Beaver Avenue, in the hallway with fellow Pennsylvania State University students. At no point prior to Aug. 22, 2021 did the defendants perform recorded testing for the windows contained in the building located at 747 East Beaver Avenue, including but not limited to, Proof Load Tests, Wind Speed Tests, Fire Resistant Testing, Framing and/or Guard Rail Necessity Tests, or related inspections and/or testing,” the suit says.
“Plaintiff Amato, among other Pennsylvania State University students, were lawfully in the hallway of the aforementioned building where the subject incident occurred. Plaintiff Amato was challenged to a friendly race down the length of the hallway, with the finishing point next to the window, the same window that Amato fell through.”
The suit reiterates that the defendants did not perform required testing to determine and establish the strength and safety of the window in question.
“During the course of the race, which lasted no more than 30 seconds, plaintiff Amato and the fellow student ran down the hallway and headed towards the end of the hallway. Prior to Aug. 22, 2021, no portion of the windows, on any floor, were surrounded by guard rails, or some type of barrier or barricade to alert the residents of the very thin glass, thus creating unobstructed access to that subject weak window glass,” the suit states.
“Due to the defendants’ dangerous and negligent design, construction, installation and/or maintenance of the glass windows located at the end of the hallway, plaintiff Amato went through the window and plummeted violently approximately 31 feet onto the hard and unforgiving cement sidewalk outside of the building’s entrance, suffering permanent, serious, painful and life-altering injuries.”
For one count of negligence, the plaintiff is seeking damages, jointly and severally, in excess of $50,000, plus interest, costs and delay damages, and brings this action to recover same.
The plaintiff is represented by Robert J. Mongeluzzi, Ara Richard Avrigian and K. Andrew Heinold of Saltz Mongeluzzi & Bendesky, in Philadelphia.
The defendants have not yet secured legal counsel.
Allegheny County Court of Common Pleas case GD-22-010169
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com