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PITTSBURGH – A local ambulance service denies it was negligent and that it allegedly caused head, wrist and other injuries to an Arnold woman when she fell off one of its stretchers.
Roseann Bartlett of Arnold first filed suit in the Allegheny County Court of Common Pleas on Jan. 4 versus Citizens Hose Ambulance Service, of Natrona Heights.
“On or about Feb. 14, 2022 around 4 p.m., the plaintiff was being taken out of an ambulance by stretcher owned and operated by defendant when an agent and/or employee of defendant caused plaintiff to fall off the stretcher and onto the ground. Defendant’s agent and/or employee stated, ‘The wheel cut short’, which caused defendant to drop plaintiff on the pavement. As a result, plaintiff sustained a broken wrist, hit her head and suffered multiple abrasions,” the suit said.
“Defendant has a duty to safely transport patients/customers through operation of its ambulance services business. Defendant breached their duty of care by failing to safely transport plaintiff and/or causing plaintiff to fall to the ground as set forth above. The aforementioned injury resulted solely from defendant’s breach of duty of care owed to plaintiff as stated herein, and was due in no manner whatsoever to any act or failure to act on the part of plaintiff.”
The suit added that as a result of the defendant’s negligence through breaching their duty of care by failing to safely transport plaintiff, Bartlett sustained a broken wrist, hit her head and suffered multiple abrasions.
“As a result of the aforementioned injuries, plaintiff has sustained work loss, loss of opportunity and permanent diminution of her earning power and capacity, and a claim is made therefore. Plaintiff continues to be plagued by persistent pain and limitations and therefore, avers that her injuries may be of a permanent nature, causing residual problems for the remainder of her lifetime, and a claim is made therefore. All the injuries and damages were caused solely and proximately by the negligence of defendant,” the suit stated.
UPDATE
The defendant filed an answer and new matter in the case on Feb. 28, conceding that while plaintiff did come off the stretcher and make contact with the ground, defense counsel denied that the plaintiff suffered any injuries as a result of its alleged negligence.
“Citizens Hose Ambulance Service affirmatively pleads as a defense its immunity from liability for any damages on account of any injury to person or property pursuant to the terms of the Political Subdivision Tort Claims Act. In addition to the governmental immunities conferred by the Pennsylvania Constitution, statutes and common law, Citizens Hose Ambulance Service enjoys and hereby affirmatively pleads the limitation on damages which are recoverable by plaintiff in the present action, if any, pursuant to Section 8549 and Section 8553 of the Political Subdivision Tort Claims Act. Plaintiff’s complaint fails to state a cause of action against this defendant upon which relief can be granted. This defendant sets forth as a complete bar to this action any applicable statute of limitations and/or the doctrines of waiver, estoppel, fraud and laches,” per the defendant’s new matter.
“The injuries, losses and damages allegedly sustained by the plaintiff were the sole and proximate result of intervening and superseding causes or actions of others over which these defendants had no control. The injuries and damages claimed by the plaintiff in her complaint were not the result of any acts or omissions on the part of the defendant. The injuries and damages complained of by the plaintiff in her complaint may have been the result of a pre-existing condition, which were neither caused by or exacerbated by the incident in question.”
For a count of negligence, the plaintiff is seeking damages together with interest and costs of suit.
The plaintiff is represented Steven A. Jarvis of the Law Office of Eric A. Shore, in Philadelphia.
The defendant is represented by Jerry S. Eisenberg of the Law Offices of Jerry S. Eisenberg, in Pittsburgh.
Allegheny County Court of Common Pleas case GD-23-000071
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com