PITTSBURGH – Counsel for a Pittsburgh widower who alleged that a University of Pittsburgh Medical Center-affiliated facility was responsible for the eventual death of his wife, after she first fell while being transferred from her wheelchair to her bed, is now seeking a default judgment against the health care entity.
James Cabbagestalk (as Administrator of the Estate of Barbara Cabbagestalk, deceased) first filed suit in the Allegheny County Court of Common Pleas on Feb. 13 versus The Heritage Shadyside (doing business as “UPMC Heritage Place”). Both parties are of Pittsburgh.
“On June 5, 2021, the defendant admitted Barbara Cabbagestalk to UPMC Heritage Place. Plaintiff’s decedent, Barbara Cabbagestalk, was admitted to UPMC Heritage Place in order to undergo physical therapy and occupational therapy,” the suit said.
“When Barbara Cabbagestalk was admitted to UPMC Heritage Place, she was accessed as a high fall risk with the maximal assist to transfer from her wheelchair to her bed. On or about July 2, 2021, while Barbara Cabbagestalk was being transferred from her wheelchair to her bed with the assistance of agents, servants and/or employees of the defendant, Barbara Cabbagestalk fell and landed on her left side, resulting in the damages and injuries set forth below.”
The suit added that the employees in question failed to properly transfer Barbara Cabbagestalk from her wheelchair to the bed, among other negligent failures in proper care procedures.
“As a result of the negligence of the defendant as aforesaid, plaintiff’s decedent, Barbara Cabbagestalk, sustained the following injuries: Left side sacral ALAR fracture, large left arm breast and flank hematoma and other possibly serious injuries,” the suit stated.
“As a result of the negligence of the defendant as aforesaid and plaintiff’s decedent’s injuries as set forth above, plaintiff’s decedent, Barbara Cabbagestalk, sustained the following damages: She endured pain, suffering, inconvenience, embarrassment, mental anguish, emotional and psychological trauma; She was required to spend money for medical treatment and care, medical supplies, rehabilitation, medicines and other attendant services; Her general health, strength, and vitality were impaired and she was unable to enjoy various pleasures of life that she previously enjoyed.”
On March 21, counsel for the defendant filed a 30-day notice addressed to plaintiff counsel seeking to obtain a judgment of non pros, if the filing of the complaint was not made complete before the end of that time period.
“Pursuant to Pennsylvania Rule of Civil Procedure 1042.7, I intend to enter a judgment of non pros against you after 30 days of the date of filing of this notice if a Certificate of Merit is not filed as required by Pennsylvania Rule of Civil Procedure 1042.3. I am serving this notice on behalf of The Heritage Shadyside (doing business as “UPMC Heritage Place”). The judgment of non pros will be entered as to the following claims: All claims,” the notice said.
UPDATE
Without a resolution being reached as to the defendant’s sought-after judgment of non pros, plaintiff counsel filed an opposing notice of intention to take a default judgment against the defendant.
“You are in default because you have failed to take action required of you in this case. Unless you act within ten days from the date of this notice, a judgment may be entered against you without a hearing and you may lose your property or other important rights,” the notice read, in part.
For two counts of negligence and corporate 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 is represented by M. Brian O’Connor and Erik R. Bennett of Matis Baum O’Connor, also in Pittsburgh.
Allegheny County Court of Common Pleas case GD-23-002006
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com