PITTSBURGH – A Dallas company named by a Wisconsin couple as allegedly being liable for the wife-plaintiff’s leg injuries, suffered after she fell from an unmarked and unprotected drop-off located next to the handicap space where their friend’s vehicle was parked, is seeking to join additional defendants.
Debra Veith and Greg Veith of Two Rivers, Wis. first filed suit in the Allegheny County Court of Common Pleas on May 24, 2022 versus CCI Historic, Inc. of Dallas, Texas and Village Green Management Company, LLC, of Pittsburgh.
“The events hereinafter set forth occurred on Oct. 6, 2021 at about 7:30 p.m. in Allegheny County, Pennsylvania. At said time and place, there existed a parking garage that was part of a complex known as Albion at Morrow Park, which is located at 5250 Liberty Avenue, Pittsburgh, PA 15224. Defendant CCI owns, operates, maintains, manages and/or controls the parking garage located at 5250 Liberty Avenue, Pittsburgh, PA 15224. The events hereinafter set forth occurred inside the aforementioned parking garage,” the suit said.
“At all times mentioned herein, Chance Prem rented an apartment at Albion at Morrow Park and rented a parking space in the aforesaid parking garage. At said time and place, plaintiff Debra Veith and Dawn Zilles-Prem were visiting Chance. In preparation for their visit, Chance made arrangements for his handicapped mother, Dawn Zilles-Prem, to park her vehicle in a parking space reserved for handicapped visitors within the aforesaid parking garage. At said time and place, plaintiff Debra Veith was a rear passenger in a vehicle owned by plaintiffs and operated by Chance.”
The suit added that the parking space was directly next to an unmarked and unprotected drop-off, which was located close to the rear driver’s side of the vehicle.
“After parking in the space reserved for handicapped visitors within the aforesaid parking garage, plaintiff Debra Veith exited the rear driver’s side of the vehicle. As plaintiff Debra Veith stepped out of the vehicle, she fell over the edge of the drop-off. As a result of the foregoing event, plaintiff Debra Veith sustained a left lower extremity injury and injuries as more fully set forth in her medical records,” the suit stated.
On June 22, Village Green Management Company, LLC filed preliminary objections to the complaint.
“Plaintiffs filed the complaint on May 24, 2022, seeking damages. It is alleged in that complaint that on or about Oct. 6, 2021, the plaintiff sustained injury as a result of falling in a parking garage. In Paragraph 19 of the complaint, there are allegations of recklessness. After making these ‘legal conclusions’, the complaint does not identify any facts which supposedly supports the claim that its actions were reckless or show wanton disregard,” per the objections.
“Moreover, the facts in this complaint are nothing more than bald legal conclusions asserted without a true and factual foundation. The complaint does not contain any facts whatsoever in support of the bare allegations of recklessness and/or wanton conduct in disregard for the rights and safety of others. This pleading must allege facts which demonstrate that the defendant’s conduct was reckless, outrageous, willful or wanton. Failure to merely allege conclusion without facts which, if proven, would amount to no more than ordinary negligence is improper.”
CCI Historic, Inc. filed a joinder of preliminary objections and an accompanying memorandum of law to support Village Green Management Company, LLC’s prior-filed objections, on July 12.
“It is alleged in that complaint that on Oct. 6, 2021, the plaintiff sustained injury as a result of falling in a parking garage. In Paragraph 19 of the complaint, there are allegations of recklessness. After making these ‘legal conclusions’, the complaint does not identify any facts which supposedly supports the claim that its actions were reckless or show wanton disregard,” the objections stated.
“Moreover, the facts in this complaint are nothing more than bald legal conclusions asserted without a true and factual foundation. The complaint does not contain any facts whatsoever in support of the bare allegations of recklessness and/or wanton conduct in disregard for the rights and safety of others. This pleading must allege facts which demonstrate that the defendant’s conduct was reckless, outrageous, willful or wanton. Failure to merely allege conclusions without facts which, if proven, would amount to no more than ordinary negligence is improper.”
Allegheny County Court of Common Pleas Judge Mary C. McGinley overruled the defendants’ preliminary objections on Aug. 29.
“Upon consideration of preliminary objections of defendants and responses thereto, it is hereby ordered that said preliminary objections are overruled. Defendants shall file answers to plaintiffs’ complaint with 20 days,” McGinley said.
The defendants filed an answer along with new matter on Nov. 2, denying responsibility and liability for the plaintiff’s complained-of injuries.
“Any alleged drop-off in the parking garage of the subject premises was a readily observable, open and obvious condition, such that it is not a dangerous condition of the premises. On Oct. 6, 2021, including at the time of the plaintiff’s alleged fall, there did not exist any unreasonable and/or dangerous condition on the subject premises. Plaintiffs’ claims are barred, in whole or in part, by plaintiffs’ own comparative negligence, contributory negligence and/or voluntary assumption of a known and obvious risk. Defendants raise the provisions of the Pennsylvania Comparative Negligence Act and Pennsylvania Fair Share Act, and claim the benefits of all defenses to which they may be entitled, pursuant to said acts,” the new matter stated, in part.
“Plaintiffs’ alleged injuries and/or damages were caused by actors other than defendants and for which defendants had no control, nor right of control. At all times material hereto, defendants acted with due care and in a reasonable manner under the circumstances. Some or all of plaintiffs’ claims may be barred by the applicable statute of limitations. Plaintiffs’ claims are barred and/or are to be reduced to the extent plaintiffs’ injuries were pre-existing and were neither caused, nor aggravated by this incident. Plaintiffs’ claims are barred and/or are to be reduced to the extent plaintiffs failed to seek appropriate medical treatment and/or to follow the medical treatment prescribed to her, thereby failing to mitigate her damages.”
In a Nov. 8 reply to the defense’s new matter, plaintiff counsel responded in its filing that the defendants’ counter-assertions are conclusions of law to which no response was required – and that if a response was required, it was generally denied according to Pennsylvania Rule of Civil Procedure 1029(e).
UPDATE
On March 15, CCI Historic, Inc. filed a motion to join additional defendants, in the form of Boarman Kroos Vogel Group, Inc. and Rycon Construction, Inc.
“Upon information and belief, BKV was retained to act as the architect, structural designer, mechanical designer and electrical designer for the construction of the property at issue. Upon information and belief, Rycon was retained to act as the general contractor for the construction of the property at issue. Upon information and belief, the construction of the property at issue was completed in or about June 2016,” the motion stated.
“Upon information and belief, BKV and/or Rycon, in conjunction with any of their subcontractors and/or agents, would have had responsibility to design, construct, and/or supervise the design and/or construction of the property at issue, including the area of the parking garage at which wife-plaintiff allegedly suffered her injuries. Should plaintiffs prove that wife-plaintiff was injured as a result of the alleged dangerous condition, which original defendants expressly deny, then upon information and belief, BKV and/or Rycon, in conjunction with any of their subcontractors and/or agents, caused the alleged dangerous condition and/or failed to repair it.”
On March 27, Allegheny County Court of Common Pleas Judge John T. McVay Jr. granted the motion to join the additional defendants to the case, and directed the motioning defendant to join the aforementioned parties within 10 days.
For counts of negligence and loss of consortium, the plaintiffs are seeking damages in excess of the arbitration limits.
The plaintiffs are represented by Michael J. Colarusso of Colarusso & Cohen, in Pittsburgh.
The defendants are represented by Michael R. Harding of Bunker & Ray, plus Kyle T. McGee of Margolis Edelstein, in Pittsburgh.
Allegheny County Court of Common Pleas case GD-22-006224
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com