PITTSBURGH – A plaintiff claims that a local man and father of five children who was residing at a rehabilitation center for those dealing with homelessness, mental illness or dependency issues died from an accidental overdose, and that the defendants negligently failed to prevent his tragic death.
Leon Rockymore (as Administrator of the Estate of Jamal Hardy, deceased) of Allegheny County first filed suit in the Allegheny County Court of Common Pleas on March 1 versus Community Human Services and Wood Street Commons Condominium Association, Inc., both of Pittsburgh.
Community Human Services has been in operation since 1971 and according to the mission statement on its website, it “empowers individuals and families to live in stable housing, connect to community resources, build relations, and access quality food.”
Wood Street Commons is one of the few remaining single-room occupancy buildings in downtown Pittsburgh that works in conjunction with CHS to provide housing and support services for homeless individuals with mental illness and drug or alcohol dependencies.
The decedent, Jamal Hardy, was one such individual, according to the suit.
“Jamal Hardy was seeking temporary housing and treatment for his mental health and dependency issues when he applied to be a resident at CHS. Jamal underwent a rigorous application process to be considered for a spot as a program participant – a process that required disclosure of his health history. The program’s intake coordinator was tasked with conducting a thorough and timely intake assessment and obtaining all necessary information to ensure the appropriate levels of care. Jamal was accepted into the program and was provided with his own room,” the suit says.
“At some point during Jamal’s stay, while he was struggling to overcome his addiction, Jamal was suffering from an alleged accidental overdose while in his assigned room. The entire time Jamal was suffering from this accidental overdose, no one from CHS ever made an attempt to check on him. Jamal died in his room and there he remained undiscovered for several days until the odor of Jamal's decomposing body alerted other residents. CHS held itself out to Jamal as more than just a facility to find a temporary place to sleep. When Jamal came to CHS, he came with a history of mental health and drug dependency issues, issues which CHS should have – and would have – been aware of from the screening it does on all applicants to their program. As CHS offered substance abuse services to program participants, the program owed a duty of care to its participants to ensure that they were residing in a drug-free facility.”
The suit adds CHS did not have any security measures, personnel, searches or standard procedures in place to prevent drugs from entering its facility, and the facility was so poorly-staffed that even if any alerts to check Jamal’s room were sent out (which they allegedly had not), they likely would not have been responded to in a timely manner.
“CHS had been plagued by numerous deaths within the WSC facility for several years from accidental overdosing, alerting it to the seriousness of the issue; however, no preventive measures had been implemented in light of the long and dark history within that building. Several participants struggling with drug use had gone unmonitored in the facility, dying in their rooms and going unnoticed for days, all the while CHS continued its daily operations until the odor of rotting flesh became so unbearable that it finally caught the attention of other residents,” the suit states.
“Jamal was another victim of the CHS’s woefully understaffed facility. With a history of mental health issues and drug dependency, had Community Human Services utilized common sense, it would have more appropriately monitored Jamal, but as a result of their carelessness, someone that should never have been left alone and unmonitored, died under their care.”
For two counts of negligence, the plaintiff is seeking compensatory damages together with all interests, associated costs and any other such relief as this Court may deem to be just and proper.
The plaintiff is represented by Shaheen Z. Wallace of The Law Office of Shaheen Wallace, in Pittsburgh.
The defendants have not yet obtained legal counsel.
Allegheny County Court of Common Pleas case GD-23-002903
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com