PITTSBURGH – A Pittsburgh homeowner responds that she is not responsible for the death of a woman afflicted with dementia, who was dropped off by a taxi cab and wandered alone before later drowning in her swimming pool.
Clarence E. Porter (as administrator of the Estate of Maxine Gillis, deceased) of Penn Hills first filed suit in the U.S. District Court for the Western District of Pennsylvania on May 17 versus the United States of America, Classy Cab Company, Inc. (doing business as “Star Transportation Group, Inc.”, “Air Star Transportation & Limousine Service, Inc.”, “Cranberry Taxi, Inc.” and “Veteran’s Taxi”) of Cranberry Township and De Voka Gordon, of Pittsburgh.
“Plaintiff, Clarence Porter, and decedent, Maxine Gillis, were a married couple. On or about March 18, 2021, the decedent was present at the VA Hospital with plaintiff Porter, who was receiving treatment at the facility. Gillis suffered from the medical condition of dementia. Defendant Pittsburgh VA and their staff, was made aware of this fact by plaintiff Porter, who ensured that all staff caring for him knew of the medical condition afflicting Gillis,” the suit said.
“On the aforementioned date, plaintiff was at the facility undergoing testing for medical conditions involving his heart. Defendant USA, by and through its staff, agents, or employees, expressed to plaintiff that he be held overnight for observation. Porter requested that Gillis stay the night with him at the hospital. Said defendant, by and through its staff, agents, or employees, denied the request for Gillis to remain in the hospital overnight. Said defendant, by and through its staff, agents, or employees, did assume the responsibility of contacting transportation services for Gillis in order for her to be safely transported to the home of Toni McClendon, plaintiff’s sister, situated at 2103 Park Hill Drive in Wilkinsburg.”
The defendant taxi service arrived at the VA Hospital to transport Gillis as intended, the suit added, though it utilized the “door-to-door” method of service as opposed to the “hand-to-hand” method of service, which would have ensured that a passenger with a severe loss of function, such as Gillis, would safely reach their final destination.
Rather, the suit alleged that Gillis was merely dropped off outside McClendon’s home at just past 1 a.m., without making sure that she made it inside safely.
“At some point during the early hours of March 19, 2021, Gillis exited the Taxi she was a passenger in, without the transport driver assuring a safe reception with McClendon, and, Gillis, upon information and belief, began walking, all alone, along a main thoroughfare. On or about March 19, 2021, in or around the time of 3:40 a.m., a request was made by plaintiff’s family, claiming Gillis failed to arrive at the specified location. Sadly, later that same morning, Gillis was found dead in a swimming pool owned by defendant Gordon, located at 2285 William Penn Highway in Wilkinsburg, PA, approximately two miles from the location where she was to be delivered,” the suit stated.
“Gordon is the owner of a swimming pool on the property. Gordon’s swimming pool is enclosed, as required by law, by a structure which, if properly maintained, would prevent persons from entering the swimming pool. Gordon had a duty under Pennsylvania law to ensure that her swimming pool was maintained in a safe manner. Upon information and belief after investigation in this matter, it is not in dispute that defendant Gordon failed to safely close, secure, latch, lock, etc., the gate access to the pool area at her home, which was left either opened or unlocked and not sufficiently secured, which represents a gross breach of the standard of care for person owning pools in the locale wherein Gordon lived. Gordon failed to ensure that the safety enclosure employed in or around her swimming pool was self-closing or self-latching.”
The Allegheny County Medical Examiner determined that Gillis’s cause of death was accidental drowning, which the suit states was “a direct and proximate result of several breaches identified above by the named defendants in this matter.
UPDATE
Gordon answered the complaint on Aug. 25, and further asserted a cross-claim for liability against Classy Cab Company, Inc. Though admitting she owned the property in question, Gordon added she was without knowledge of what caused the tragic events in question and redirected liability for them to the cab company.
“The plaintiffs’ complaint fails to state a claim upon which relief can be granted as against Gordon. Plaintiffs’ claims are barred by doctrines of waiver, estoppel and laches. Plaintiff’s claims are barred by applicable statutes of limitations. At all times relevant, the property owned by Gordon was private property and clearly marked with no trespassing signs,” the answer stated, in part.
“The plaintiff’s decedent was a trespasser at the time of the accident described in the complaint. At all times relevant, the property owned by Gordon was gated and latched. To the extent supported by the facts, Gordon pleads the defense of comparative negligence on the part of the plaintiff’s decedent.”
For multiple counts of survival and wrongful death, the plaintiff is seeking all damages recoverable under the applicable laws of this Commonwealth against the defendants, individually or jointly and severally.
The plaintiff is represented by Matthew J. Scanlon of Scanlon & Wojton, in Pittsburgh.
The defendants are represented by Ashley N. Rodgers of Lewis Brisbois Bisgaard & Smith and Kathleen S. McAllister of DiBella Weinheimer, both also in Pittsburgh.
U.S. District Court for the Western District of Pennsylvania case 2:22-cv-00734
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com