MEDIA – A woman seriously injured in a fall at a home owned by the Pennsylvania Institute of Technology has sued the institution for the injuries she received, including spinal fractures and broken ribs.
Karen Maloy and Scott Johnson filed suit in the Delaware County Court of Common Pleas on Oct. 5 versus the Pennsylvania Institute of Technology. All parties are of Media.
“On June 15, 2022, at approximately 2:30 p.m., plaintiff Karen Maloy attended an end-of-school-year party held at the premises and hosted by a friend of her minor daughter. Ms. Maloy’s minor child (age 10) was in attendance at this party, along with approximately 10 other children, including a four month-old infant, and their parents,” the suit said.
“At that date and time, Ms. Maloy was standing on the outdoor deck on the premises, elevated approximately 20 feet off of the ground, and leaned back toward the deck railing to allow another guest to walk by her. The entire section of railing gave way causing the plaintiff to unexpectedly plummet approximately 20 feet to the ground, landing on her neck and back. Some of the adults and children in attendance at the party, specifically including Ms. Maloy’s minor daughter, witnessed this traumatic and unexpected event.”
The suit adds the defendant’s clear negligence caused the plaintiff’s fall.
“As a result of her fall, plaintiff sustained the following injuries: Cardiac contusion with elevated troponin; C5 vertebral body fracture; T3 compression fracture; T3 spinous process fracture; T5 vertebral body fracture; left-sided manubrial fracture; retrosternal hematoma; fracture of the first right rib; six-centimeter laceration to scalp requiring 12 staples; Cervical disc herniation; Intraparenchymal hemorrhage; Bruised lung; Heart trauma; Mental anguish; Anxiety, depression, disfigurement and other injuries,” the suit states.
“Moreover, based upon an inspection of the property, it is clear that at some point in time prior to the plaintiff’s horrible fall, defendant attempted to repair the wobbly deck railing using inappropriate square-head screws, obviously with knowledge that the deck was defective and wobbly and would not support or protect a person like the plaintiff from falling through its woefully deficient guardrail. At all times relevant hereto, the defendant’s conduct increased the risk of harm that the plaintiff would suffer. Ms. Maloy continues to suffer from her injuries, the effects of which are painful and continuing, and some or all of which may be permanent. Ms. Maloy will be required to undergo and continue extensive physical therapy after her multiple fractures heal and faces the very likely possibility of multiple corrective surgeries in the future.”
In preliminary objections filed on Oct. 25, the Pennsylvania Institute of Technology sought to strike punitive damages from the complaint and strike material which did not conform to the rule of law.
“The complaint contains no specific allegations directed to the alleged actions or inactions of moving defendant which could possibly support allegations of reckless conduct and punitive damages. Plaintiffs’ complaint alleges that punitive damages are warranted because defendant put the receipt of rental income over the safety of the premises due to their allegations that defendant did not have the premises inspected prior to leasing and based upon their inspection, defendant attempted to make repairs with inappropriate screws. Plaintiffs’ complaint also alleges that the deck had rotted and bee-infested wood. These allegations fail to set forth any specific allegations against moving defendant that would support a claim for punitive damages,” the objections stated.
“There is no conduct of moving defendant alleged that could established the “bad motives”, “malicious”, “wanton”, “reckless”, “willful” or “evil” conduct necessary to support allegations of recklessness. Plaintiffs’ complaint does not support that defendant appreciated the risk of harm that plaintiff was exposed to and acted in conscious disregard of that risk. Plaintiffs have failed to set forth any facts sufficient to support the claims of outrageous conduct or to support any claims of recklessness and/or punitive damages.”
Additionally, the objections seek to strike Paragraphs 29, 42(d) and 45 from the plaintiffs’ complaint, for failing to conform to the Pennsylvania Rules of Civil Procedure on specificity of pleading, because they “cite to no specific provisions and must therefore be stricken from the complaint.”
For a count of negligence, gross negligence, recklessness and loss of consortium, the plaintiffs are seeking damages in excess of the arbitration limits, together with costs of this litigation, delay damages, interest and any further relief this Honorable Court deems just and appropriate.
The plaintiffs are represented by Dion G. Rassias of The Beasley Firm, in Philadelphia.
The defendant is represented by Anne M. Manero of the Law Office of W. Kelly McWilliams, also in Philadelphia.
Delaware County Court of Common Pleas case CV-2022-007574
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com