PITTSBURGH – A Washington County couple have filed a personal injury lawsuit against Allegheny County, charging that its negligence led to the wife-plaintiff falling because of a nail during a spirited game of pickleball just over one year ago.
Pamela S. Kerr and Robert Kerr of McMurray filed suit in the Allegheny County Court of Common Pleas on June 1 versus Allegheny County, of Pittsburgh.
“Upon information and belief, on May 23, 2022, defendant owned, possessed, operated, maintained and/or controlled the property located at 100 Buffalo Drive, South Park, Allegheny County, Pennsylvania 15129. Defendant was responsible for the maintenance, inspection, identification and repair of any and all dangerous, defective, hazardous and unsafe conditions within the premises. At all relevant times, there existed a dangerous, defective, hazardous and unsafe condition on the premises, characterized by an unsecured and exposed nail located on a basketball court,” the suit states.
“On May 23, 2022, plaintiffs were playing pickleball at the property owned, possessed operated, maintained or controlled by the defendants. The pickleball court is located adjacent to a basketball court. Wife-plaintiff moved to retrieve a ball that had been hit onto the basketball court. The basketball court had a grid of nails attached to strings on the surface. As wife-plaintiff was retrieving the ball, her foot struck an unmarked and inconspicuous nail protruding from the asphalt surface. The protruding nail caused wife-plaintiff to fall and violently strike the ground.”
The suit continues that the defendant “knew or should have known of the hazardous and dangerous condition present on the surface of the basketball court” and “took no steps to warn or otherwise remedy the hazardous condition present on the surface of the basketball court.”
“As a direct and proximate result of the negligence and carelessness of defendant, by and through their employees, wife-plaintiff sustained the following injuries, some of which may be permanent in nature: a) Depressed fracture of the anterior wall of the right maxillary sinus; b) Sinus nerve damage; c) Permanent loss of sensation in teeth; d) Bruises, contusions and other injuries in or about nerves, muscles, bones, tendons, ligaments, tissues and vessels of the body; and e) Nervousness, emotional tension, anxiety and depression,” the suit says.
“As a direct and proximate result of the aforesaid negligence and carelessness of defendants, by and through their employees, wife-plaintiff sustained the following damages: a) She has endured and may continue to endure pain, suffering, inconvenience and loss of enjoyment of life; b) Her general health, strength and vitality was and may continue to be impaired; c) She has suffered embarrassment and humiliation; d) She has lost wages; and e) She has been required to expend large sums of money for medical attention, hospitalization, medical supplies, medical appliances, medicates and various other medical services.”
For counts of negligence and loss of consortium, the plaintiffs are seeking damages in excess of the jurisdictional limits of compulsory arbitration, together with court costs, interest and such other and further relief as this Honorable Court may deem just and equitable.
The plaintiffs are represented by Paul G. Mayer Jr. of Friday & Cox, in Pittsburgh.
The defendant has not yet obtained legal counsel.
Allegheny County Court of Common Pleas case GD-23-006870
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com