PITTSBURGH – A local man alleges that he was pinned against a gasoline pump at a BP station by one of the cars involved in a nearby automobile accident, and sustained severe injuries in the process.
Randy Bunting of Pittsburgh filed suit in the Allegheny County Court of Common Pleas on April 24 versus McKnight Road, LLC of Huntington, N.Y. and BP PLC of London and Houston.
The suit explains that the defendants owned the property located at 4775 McKnight Road, Ross Township, Allegheny County, Pennsylvania 15237, on which a BP gas station was located.
“On or about May 7, 2021, at approximately 4:56 p.m., Lamar Simms was attempting to cross through the intersection of McKnight Road and Braunlich Drive. The aforementioned premises was located on the corner of this intersection. Simultaneously, Helen Gatto was attempting to turn right through the intersection while traveling west. While attempting to turn right, at a speed of around 15 miles per hour, Ms. Gatto suddenly struck the side of Mr. Simms’ vehicle,” the suit says.
“The impact with Mr. Simms’ vehicle caused Mrs. Gatto’s vehicle to turn and accelerate towards the BP gas station. Simultaneously, plaintiff was a patron at the BP gas station and was filling the tank of his vehicle. Suddenly and without warning, plaintiff was violently struck by Ms. Gatto’s vehicle, causing him to become pinned between her car and the gas pump.”
The suit adds there existed a four-way intersection at and/or near the entrances to the at issue premises, as one of the intersecting roadways, McKnight Road, is a heavily-trafficked roadway with a speed limit of 40 miles per hour, and three lanes of travel on the side of the street the at-issue premises is located.
“As a direct and proximate result of the negligence and carelessness of the defendants, plaintiff sustained the following injuries, some or all of which are or may be permanent: a) Left tibia plateau fracture; b) Left bilateral tibial shaft fracture; c) Right tibia fracture; d) Broken right ankle; e) Hemorrhaging; f) Bruises, contusions and other injuries in or about nerves, muscles, bones, tendons, ligaments, tissues and vessels of his body; and g) Nervousness, emotional tension, anxiety and depression,” the suit states.
“As a direct and proximate result of the negligence and carelessness of the defendants, plaintiff has suffered the following damages, some or all of which are continuing: a) Great pain, suffering, inconvenience, embarrassment, mental anguish, and emotional and psychological trauma; b) Plaintiff has undergone surgical procedures to address his severe injuries and he may require further surgical intervention in the future; c) Plaintiff has been required to expend large sums of money for medical treatment and care, hospitalization, medical supplies, surgical appliances, rehabilitation and therapeutic treatment, medicines, and other attendant services; d) Lost earnings, and plaintiff's earning capacity has been reduced and may be permanently impaired; e) Inability to enjoy various pleasures of life that she previously enjoyed; f) Loss and impairment of general health, strength, and vitality; and g) Permanent scarring and disfigurement.”
For two counts of negligence, the plaintiff is seeking compensatory damages in excess of the jurisdictional limits for compulsory arbitration, plus court costs, interest and all other relief permitted by the court.
The plaintiff is represented by Peter D. Friday and Ian M. Watt of Friday & Cox, in Pittsburgh.
The defendants have not yet obtained legal counsel.
Allegheny County Court of Common Pleas case GD-23-005309
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com