PITTSBURGH – A Western Pennsylvania woman maintains her claims that a hidden speed bump she encountered during a bicycle ride on the Carnegie Mellon University campus caused her to be thrown from her bike and seriously injured.
Jenna L. Moss of Cranberry Township first filed suit in the Allegheny County Court of Common Pleas on Sept. 16 versus Carnegie Mellon University of Pittsburgh.
“On May 2, 2021, plaintiff was lawfully operating her bicycle along Hamerschlag Drive, Pittsburgh, Allegheny County, Pennsylvania 15213. Suddenly and without warning, plaintiff struck a hidden and/or inconspicuous speed bump or protrusion at the beginning or under a short tunnel, which caused her to be violently thrown from her bicycle. Plaintiff was taken to the University of Pittsburgh Medical Center – Presbyterian Emergency Room where she received treatment for her injuries,” the suit said.
“Defendant knew or should have known that permitting the disguised or otherwise concealed speed bump to remain on their commonly-traveled road created a risk of injuries like those sustained by the plaintiff were likely to occur. The defendant knew or should have known that this speed bump or hump was non-compliant with applicable local and state regulations pertaining to the safe use of the same. Defendant failed to provide plaintiff with any warning of the hazardous and dangerous condition present in the road at the time of the accident.”
The suit went on to detail the injuries Moss suffered in the accident.
“As a direct and proximate result of the negligence and carelessness of defendant, plaintiff has sustained the following injuries, some of which may be permanent in nature: Right tibia plateau fracture; non-displaced fracture of the right humerus; meniscal root tear of the right knee requiring surgery; bruises, contusions and other injuries in or about nerves, muscles, bones, tendons, ligaments, tissues and vessels of the body; nervousness, emotional tension, anxiety and depression,” the suit stated.
In answering the complaint on Oct. 27, Carnegie Mellon University denied liability for Moss’s injuries and termed her assertions as conclusions of law to which no response was required – while also providing new matter on its own behalf.
“Plaintiff’s claims are barred, in whole or in part, because CMU did not breach or violate any legal, statutory or contractual duty owed to plaintiff. Plaintiff’s claims are barred, in whole or in part, for lack of any cognizable injury caused by the alleged conduct of CMU. Plaintiff’s claims are barred by the equitable doctrines of unclean hands, estoppel, waiver and laches. Plaintiff’s claims are barred by the applicable statute of limitations. Plaintiff’s claims are barred by accord, satisfaction and/or release. All acts done by CMU were performed properly, in accordance with all applicable laws and regulations,” per the new matter.
“Plaintiff’s claimed injuries and damages, if any, were caused in whole or in part by parties over whom CMU had no right of control or legal responsibility. Plaintiff failed to mitigate her damages. CMU denies any notice of a defective or unsafe condition. Any condition that caused and/or contributed to the alleged incident was open and apparent and obvious to plaintiff. CMU did not create or allow the creation or continuance of any defective condition of the area of the alleged incident of which it had notice. CMU reserves its right to amend and/or supplement this answer and new matter with additional, separate defenses.”
UPDATE
In a Nov. 1 reply to the defense’s new matter, plaintiff counsel denied it in its entirety.
“Paragraphs 15-28 of defendant’s answer and new matter state legal conclusions to which no responses are required. To the extent that responses are required, paragraphs 15-28 are specifically denied and specific proof is demanded thereof,” the reply stated.
For one count of negligence, the plaintiff is seeking damages in excess of the jurisdictional limits of compulsory arbitration, plus costs, interest and all other relief permitted by the Court.
The plaintiff is represented by Chad P. Shannon of Friday & Cox, in Philadelphia.
The defendant is represented by Andrew Kimball and Jessica G. Lucas of Gordon Rees Scully Mansukhani, in Pittsburgh.
Allegheny County Court of Common Pleas case GD-22-011616
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com