PITTSBURGH – Allegations of recklessness, which often pave the way for claims for punitive damages, have been dropped from a lawsuit filed by the widow of a man who died last year after a large tree fell on him in his vehicle.
Victoria C. Stasenko (individually and as Administratrix of the Estate of Stephen A. Stasenko Jr.) of Upper St. Clair Township first filed suit in the Allegheny County Court of Common Pleas on March 16 versus Linda L. Sutton, also of Upper St. Clair Township, the Commonwealth of Pennsylvania’s Department of Transportation of Harrisburg, Upper St. Clair Township, West Penn Power Company of Greensburg and First Energy Corporation of Akron, Ohio.
“The events herein complained of occurred on May 3, 2022 at approximately 6 p.m. near the intersection of McMurray Road and Bethel Church Road in Upper St. Clair Township, Allegheny County, Pennsylvania. At the time, date and place as aforesaid, Stephen A. Stasenko Jr. was stopped in traffic on McMurray Road near the intersection with Bethel Church Road, when a large tree from property adjacent to McMurray Road fell on top of the vehicle Stephen A. Stasenko Jr. was operating, causing severe traumatic injuries to his head and torso,” the suit said.
“Stephen A. Stasenko Jr. was rushed to the hospital but was pronounced dead later the same evening. The tree which fell resulting in the death of Stephen A. Stasenko Jr. was located on property owned by defendant Sutton, specifically, 125 Marwood Drive, Pittsburgh, PA 15241. McMurray Road is a state owned road and based upon information and belief, plaintiff avers the tree and tree limbs which fell causing the fatal injuries. Stephen A. Stasenko Jr. was within the right of way granted to defendant Department of Transportation.”
The suit added the Department of Transportation is responsible for the proper maintenance and care of trees within its right of way.
“At the time, date and place as aforesaid the tree in question was in a decaying and dangerous condition with large limbs extending over the travel lanes of McMurray Road. Defendant Upper St. Clair Township is also responsible for maintaining the streets and rights of way within its jurisdiction, including, but without limitation, McMurray Road. Based upon information and belief, plaintiff avers the defendant Upper St. Clair Township assumed responsibility for maintaining state owned roads and rights of way within the Township, pursuant to a written agreement between the Department of Transportation and defendant Upper St. Clair Township,” the suit stated.
“At the time of his death, Stephen A. Stasenko Jr. was 64 years of age and left surviving him the following persons entitled to recover damages for his death, and on whose behalf this action is filed: A) Victoria C. Stasenko, wife, 5021 Hartlin Drive, Bethel Park, PA 15102; B) Abigail M. Carlson, daughter, 206 Livingston Road, West Mifflin, PA 15122; C) Cassandra L. Stasenko, daughter, 12655 Sandstone Street, Gilbert, AZ 85296.”
On May 17, counsel for First Energy Corporation filed a stipulation of dismissal as to that defendant.
“Whereas, on March 23, 2023, Ms. Stasenko filed an action against FE Corp. and certain other defendants entitled Victoria C. Stasenko, individually and as Administratrix of the Estate of the Stephen A. Stasenko, Jr. a.k.a. Stephen A. Stasenko a.k.a. Stephen Anthony Stasenko, Jr. v. Linda L. Sutton, et al., Case No. 2023-3656, in the Allegheny County Court of Common Pleas alleging claims of negligence sounding in wrongful death and survival actions against FE Corp.,” the stipulation stated.
“Whereas, West Penn Power represents that it, and not FE Corp., is the proper party to this action and is believed to have any information and documents relevant to the allegations in the complaint in the action for the purposes of discovery in this action; and whereas, FE Corp. denies that it has any liability to Ms. Stasenko; and whereas, in consideration of the parties’ desire to avoid wasteful litigation expenses, the parties agree to defer any adjudication of the dispute between Ms. Stasenko, on the one hand, and FE Corp., on the other hand, by entering into this agreement and discontinuing without prejudice the claims Ms. Stasenko asserts against FE Corp. in this action. This discontinuance is made and entered as of May 17, 2023.”
UPDATE
That same day, counsel for all parties filed a mutual stipulation to dismiss allegations of recklessness from the case – with such allegations often opening the door to claims for punitive damages.
“The allegations of recklessness from Paragraph 29 of the plaintiff’s complaint are hereby stricken with prejudice,” per the stipulation.
For multiple counts of survival and wrongful death, the plaintiff is seeking damages in excess of the amount requiring referral to arbitration.
The plaintiff is represented by Joseph J. Pass, Edward H. Walter and Justin T. Romano of Jubelirer Pass & Intrieri, in Pittsburgh.
The defendants are represented by Mark R. Hamilton of Summers McDonnell Hudock Guthrie & Rauch, Henry J. Salvi of the Pennsylvania Attorney General’s Office, Gerald J. Schirato Jr. and Rachel M. Good of Duane Morris, all also in Pittsburgh, plus Terrance R. Henne and Dana Weber Horton of Mintzer Sarowitz Zeris Ledva & Meyers, in Sewickley.
Allegheny County Court of Common Pleas case GD-23-003656
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com