PITTSBURGH – A settlement was recently reached in litigation brought by a plaintiff who alleged negligence on the part of an arena management company, when she was injured in a stadium brawl at a Shania Twain concert in Pittsburgh four years ago.
Janette Gamble of Vandergrift first filed suit in the Allegheny County Court of Common Pleas on July 13, 2020 versus AEG Management Pittsburgh, LLC and Pittsburgh Arena Operating, LP, both of Pittsburgh.
Gamble said she and her daughters went to the Shania Twain concert at the PPG Paints Arena in Pittsburgh on July 17, 2018, being seated in Section 207 and Row J. Minutes later, an argument broke out between intoxicated patrons seated about seven rows behind Gamble.
“The argument escalated into a physical confrontation and one of the arguing patrons pushed the other forward, causing a chain reaction in which seven rows of patrons were forcibly and without warning, launched forward into Gamble, propelling her forward on to the hard metal seats in the rows in front of her. At no time did Gamble contribute in any way to the cause of the incident,” the suit stated.
The suit stated, among other things, that the defendants failed to provide a safe environment for Gamble to enjoy the concert and failed to defuse the conflict between the intoxicated patrons that later led to Gamble’s injuries.
As a result, Gamble alleged she suffered numerous injuries, including an injury to one of her lungs, a rotator cuff tear, spinal injuries, plus injuries and pain to her chest, abdomen, hip and legs.
Defendant AEG Management Pittsburgh, LLC filed preliminary objections to the suit on Aug. 31, 2020, saying it is replete with insufficient pleading that should be stricken.
AEG added it has no responsibility for serving alcohol at the arena, nor is it under a duty to perform any testing of patrons for intoxication prior to them being seated by “arena staff.” Moreover, AEG said the quick succession by which the events took place could not permit it to issue a warning to Gamble.
On Oct. 27, 2020, the plaintiff filed a response to the preliminary objections.
“The allegations are conclusions to which no response is required. To the extent that a response is required, the allegations are denied,” the objections stated.
Allegheny County Court of Common Pleas Judge John T. McVay Jr. ordered that the objections were granted in part and denied in part on Nov. 5, 2020.
“Upon consideration of defendant AEG Management, LLC’s preliminary objections and brief in support, it is ordered, judged and decreed as follows: The defendant’s preliminary objection for lack of specificity is sustained, with leave to amend. The defendant’s preliminary objection for legal insufficiency is overruled,” McVay said.
UPDATE
Subsequent answers to the litigation from the defendants in January 2021 countered that the plaintiff continued to watch the concert following the incident, chose not to go to the hospital, never saw the arguing patrons purchase, drink or possess alcohol at PPG Paints Arena, nor did the arena sell alcohol to its patrons.
In March of this year, both sides filed opposing motions for summary judgment. With trial looming this past spring, it was then announced by Allegheny County Court of Common Pleas Judge Arnold I. Klein on May 2 that the case had been settled amicably.
Plaintiff counsel then filed a praecipe to settle and discontinue the case on June 13. Terms of the settlement were not disclosed.
“Kindly mark the docket in the above-captioned matter settled and discontinued,” the praecipe stated.
The plaintiff was represented by Joshua R. Guthridge of Robb Leonard Mulvihill, in Pittsburgh.
The defendants were represented by Nancy R. Winschel and Rebecca J. Maziarz of Dickie McCamey & Chilcote, also in Pittsburgh.
Allegheny County Court of Common Pleas case GD-20-007573
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com