PITTSBURGH – A Western Pennsylvania woman claims that she was injured during her postal rounds, when an unsecured multi-unit mailbox fell and struck her in the chest.
Tawnya L. Halladay of Aliquippa filed suit in the Allegheny County Court of Common Pleas on May 8 versus JLB Retasa Murray, LLC (doing business as “Pearl Apartments”), JLB Retasa Investments, LLC, JLB Retasa Multi, LLC, JLB Retasa Multi Portfolio, LLC, JLB Retasa Multi SM, LLC and JLB Retasa Multi Two, LLC, all of Pittsburgh.
“At all times relevant to this matter, JLB Retasa defendants owned, possessed, maintained and/or controlled the real property and premises located at 318 Moon Clinton Road, Building C, Moon Township, Allegheny County, Pennsylvania 15180. As the owner, and possessor of the premises, having possession, care, custody or control over the premises, JLB Retasa defendants had a duty, or an implied duty, to maintain, inspect and/or repair the premises in a reasonable manner, so as to provide a reasonably safe environment for those persons lawfully on the premises,” the suit says.
“At all relevant times, JLB Retasa defendants acted by and through their agents, ostensible agents, servants, servants, employees, contractors, subcontractors and assignees. At all times relevant hereto, plaintiff was a business invitee lawfully on the premises delivering mail in the course and scope of her duties as a postal worker. At all times relevant and material hereto, there existed a dangerous, defective, hazardous and unsafe condition on the premises of JLB Retasa defendants, characterized by an unsecured multi-unit mailbox.
The suit adds that JLB Retasa defendants “failed to take any steps to eliminate the hazard, reduce its danger to business invitees, or otherwise warn users, including plaintiff, of its dangerous, hazardous, unsafe and defective condition.”
“On May 13, 2021, at or around 9:30 a.m., plaintiff arrived on the premises to deliver mail. As plaintiff proceeded to try and unlock the multi-unit mailbox, which had been mounted at chest height to a wall, the unit began to fall out of the wall and hit plaintiff in the chest as it fell, throwing her down to the floor. Plaintiff sustained the following injuries, some of which are or may be permanent: Chest contusion, bruises, contusions and other injuries in or about nerves, muscles, bones, tendons, ligaments, tissues and vessels of the body, and nervousness, emotional tension, anxiety and depression,” the suit states.
“As a direct and proximate result of the negligence and carelessness of JLB Retasa defendants, plaintiff suffered the following damages, some or all of which may be continuing: She has been, and will be required to expend large sums of money for medical attention, hospitalization, medical supplies, medical appliances, medicines and various other medical services, potentially not have the ability to enjoy various pleasures of life that were previously enjoyed and loss and impairment of general health, strength and vitality.”
For a lone count of negligence, the plaintiff is seeking damages in excess of the jurisdictional limits of arbitration, together with court costs, interest and all other and further relief permitted by the Court.
The plaintiff is represented by Peter D. Friday of Friday & Cox, in Pittsburgh.
The defendants have not yet obtained legal counsel.
Allegheny County Court of Common Pleas case GD-23-005957
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com