PITTSBURGH – An Allegheny County Jail inmate claims the slippery surface of a shower floor caused him to fall and suffer herniated discs in his spine and other injuries.
Brian Nestor filed suit in the Allegheny County Court of Common Pleas on Dec. 30 versus Allegheny County. Both parties are of Pittsburgh.
“On July 8, 2022, plaintiff Nestor was housed on Floor 5B, Medical Pod, of the Allegheny County Jail, where he was incarcerated for a supervised release violation. On said date, plaintiff needed a walker in order to ambulate,” the suit says.
“On said date, plaintiff Nestor was taking a shower in the handicap stall on Floor 5B, Medical Pod, when he slipped and fell due to the slippery surface of the shower floor. As the plaintiff was falling due to slipping on the slippery surface of the shower floor, he tried to reach for a grab bar or handrail in the shower stall to keep from falling, however, the stall was not equipped with a guardrail that was accessible to the plaintiff.”
The suit adds the lack of a grab bar or guardrail and the slippery nature of the shower were the causes of Nestor’s fall.
“As a result of the negligence of the defendant, plaintiff Nestor sustained the following injuries, some or all of which may be permanent in nature: Central Cord Syndrome of the cervical spine, C3-C4 disc herniation requiring anterior cervical discectomy and fusion, cervical myelopathy, right thumb and second finger paresthesia, concussion and other serious and permanent injuries,” the suit states.
“As a result of the injuries set forth above, plaintiff Nestor has sustained the following damages: He has endured and will continue to endure pain, suffering, inconvenience, embarrassment, mental anguish and emotional and psychological trauma, his general health, strength and vitality have been impaired, he has been permanently scarred and/or disfigured, he has sustained the loss of earning capacity, he has or may in the future unable to enjoy various pleasures of life that he previously enjoyed.”
For one count of negligence, the plaintiff is seeking damages in excess of the arbitration limits of this Court, plus interest and costs.
The plaintiff is represented by Richard C. Levine of Ainsman Levine, in Pittsburgh.
The defendant has not yet obtained legal counsel.
Allegheny County Court of Common Pleas case GD-22-016341
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com