PITTSBURGH – A pair of negligence and wrongful death lawsuits have been brought against Upper St. Clair Township a number of landscapers and a power company, over an incident that left one man paralyzed for life and killed his wife.
Jared E. Quinteros of McDonald filed suit in the Allegheny County Court of Common Pleas on June 7 versus Upper St. Clair Township.
Furthermore, Quinteros and William G. Laird, Administrator of the Estate of Kara Ann Leo, of Canonsburg filed suit in the Allegheny County Court of Common Pleas on June 8 versus A&S Landscaping, Inc. of McMurray, Fairfield Construction, LLC (doing business as “Fairfield Landscaping”) of Canonsburg, FirstEnergy Corp. of Akron, Ohio, The Davey Tree Expert Company of Kent, Ohio, The F.A. Bartlett Tree Expert Company (doing business as “Bartlett Tree Experts”) of Stamford, Conn. and West Penn Power Company of Greensburg.
“On June 17, 2021, a sunny and windless day, plaintiffs Kara Leo and Jared Quinteros went for an evening walk on the Morton Ravine Trail in Boyce Mayview Park when suddenly, and without warning, a large, severed tree limb fell and struck Ms. Leo and Mr. Quinteros, causing violent impact to Ms. Leo’s head, torso and lower extremities and to Mr. Quinteros’ spine and torso. Ms. Leo was rushed to the hospital, but her life could not be saved, and she was pronounced dead at 1:06 am on Friday, June 18, 2021, at the age of 40,” the latter suit states.
“Mr. Quinteros was rushed to the hospital where life-saving surgeries and other procedures were performed over the course of months. While Mr. Quinteros’ life was saved, he is now and forever unable to walk, permanently wheelchair-bound as a paraplegic. On June 13 and June 14, 2021, just days prior to the tragic events which took Ms. Leo’s life and caused Mr. Quinteros’ permanent injuries, severe storms were reported throughout the Greater Pittsburgh area, including in the township of Upper St. Clair. Media reports indicated that trees and power lines throughout the area became damaged in the storms.”
The latter suit continues that the tree limb that fell on the plaintiffs weighed approximately 4,000 pounds, and the tree from which it fell had shown signs of limb decay and failure for approximately 13 years prior to June 17, 2021.
“Upon information and belief, the tree from which the limb in question fell was hollowed out from insect and squirrel damage causing risk of limb failure. Prior to June 17, 2021, defendants knew or should have known that the large, severed tree limb that fell and struck plaintiffs represented a significant and serious danger and risk of falling and causing injury. Any meaningful inspection of the trees would have revealed the obvious danger created by the large, severed tree limb that fell and struck plaintiffs on June 17, 2021,” the latter suit says.
With regards to the first suit, it says Upper St. Clair Township authorities were put on notice of the danger of the tree limb in question, but failed to resolve the issue in a timely fashion.
“Upon information and belief, prior to June 17, 2021, concerned citizens were able to, and at times did, notify defendant’s employee/agent Gary Schafer, in his capacity as Parks and Forestry Administrator, of unsafe and dangerous conditions on and around its developed hiking trails, including trees. Upon information and belief, Mr. Schafer walked the trails, including the Morton Ravine Trail, at least annually with other certified arborists to inspect the trees, but failed to adequately maintain the tree limb which fell on plaintiffs,” the first suit states.
“Upon information and belief, the tree from which the limb in question fell was hollowed out from insect and squirrel damage causing risk of limb failure. Upon information and belief, the tree from which the limb in question fell was a ‘hazardous tree’ as defined by defendant Upper St. Clair Township in the Township Code Section 121.1. On Feb. 25, 2020, as documented by the meeting minutes of the Parks and Recreation Advisory Board, concerned citizen Thomas Hoffman notified the township of unsafe conditions of its developed hiking trails, citing the need for increased routine maintenance including tree removal.”
For multiple counts of negligence, negligence against the power companies, negligence against the landscapers and wrongful death, the plaintiff is seeking damages in excess of the arbitration limits of this Court, together with interests and costs of suit.
The plaintiffs are represented by James W. Doring of Goldberg Persky & White, in Weirton, W.Va.
The defendants have not yet obtained legal counsel.
Allegheny County Court of Common Pleas cases GD-23-007101 & GD-23-007166
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com