PITTSBURGH – A Pittsburgh-area museum’s curator claims she suffered severe injuries in a fall on the center’s grounds, due to an alleged defectively-constructed staircase which also lacked a handrail.
Simmons Kennedy of Blawnox first filed suit in the Allegheny County Court of Common Pleas on Jan. 19 versus August Wilson Center for African-American Culture, Inc., of Pittsburgh.
According to the suit, Kennedy was responsible for the care and maintenance of all common areas on the defendant’s property.
“On June 17, 2022, plaintiff was on defendant’s premises as a business invitee on the second floor. When plaintiff descended the staircase from the second floor to the first floor, she did not realize until too late that the stairs were constructed and designed in a manner that the step blended into the first-floor flooring, such that it was not possible to see where the stair ended and the floor began. Further, the staircase was excessively wide and there was no handrail within her reach as she descended the stairs. Additionally, the staircase appears to be made of smooth stone, lacking sufficient friction to stop a fall,” the suit says.
“Plaintiff was unable to discern the landing from the stairs. Plaintiff could not figure out where to put her foot, and she stepped down missing the last step, which caused her to fall forward. Defendants were aware of the unsafe staircase, as others had fallen under these same circumstances. At the time of the fall, a security guard excitedly uttered, ‘Oh, there goes another one.’ Defendant failed to repair or replace the known defective staircase. Defendant failed to warn plaintiff so that she could either avoid the staircase or take greater care in navigating it.”
The suit adds that the defendant knew of the staircase’s danger and failed to warn others of that same danger, and likewise did not remedy the defective condition.
“As a direct and proximate result of the negligence and carelessness of defendant, plaintiff suffered the following serious injuries, some or all of which may be permanent: A complete tear of the right anterior cruciate ligament, right meniscus tear, right medial lateral ligament sprain, right ruptured Baker’s cyst, contusion and other serious and permanent injuries, the exact nature of which are not known to the plaintiff at this time,” the suit states.
“As a direct and proximate result of the negligence and carelessness of defendant, plaintiff sustained the following damages: She has endured and continues to endure physical and mental pain, suffering, inconvenience, mental anguish, emotional distress, anxiety, and loss of enjoyment of life; her general health, strength and vitality have been impaired; she has been embarrassed, humiliated, permanently scarred and disfigured, and she will be required to expend large sums of money for medical attention, hospitalization, medical supplies, medical appliances, medicines and various other medical services.”
For a count of negligence, the plaintiff is seeking compensatory damages in an amount that is fair, equitable and in excess of minimal jurisdictional limits, plus pre- and post-judgment interest, costs and such other relief as the Court deems just and proper.
The plaintiff is represented by Patrick C. Booth, Eric Chaffin and Andrew T. Flenner of Chaffin Luhana, in Pittsburgh.
The defendant has not yet secured legal counsel.
Allegheny County Court of Common Pleas case GD-23-000867
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com