PITTSBURGH – Defendants named in a lawsuit for injuries suffered by a University of Pittsburgh Medical Center nurse when an entire wall cabinet and its contents fell on her, have dismissed their cross-claims levied against one another.
Kimberly Karpiak-Cook of Natrona Heights first filed suit in the Allegheny County Court of Common Pleas on Dec. 6 versus Vincent Restoration, Inc. and Vincent Restoration, a division of BEC Group, both of Lansdale, Vincent Restoration and Remodeling, LLC of Allentown, plus Jones Consulting and Construction Group, LLC (doing business as “G.S. Jones & Sons, Inc.”) and GS Jones & Sons, Inc., both of Pittsburgh.
“Plaintiff Karpiak-Cook is employed by UPMC Shadyside Dermatology as a Licensed Practical-Nurse. UPMC Shadyside Dermatology had water damage at the end of 2020 that required their office to hire a contractor to make the necessary repairs and restorations. Upon information and belief, thereafter, UPMC Shadyside Dermatology hired GS Jones to make the repairs, including rehanging some of the cabinets, in UPMC Shadyside Dermatology’s examination rooms,” the suit said.
“Upon information and belief, GS Jones hired Vincent Restoration as a subcontractor to make the repairs and rehang the cabinets. Upon information and belief, during sometime in December 2020, Vincent Restoration made the repairs and rehung the cabinets in UPMC Shadyside Dermatology’s examination rooms.”
The suit added, in the alternative, if UPMC Shadyside Dermatology hired Vincent Restoration as the contractor who then hired GS Jones as the subcontractor, and then GS Jones made the repairs and rehung the cabinets in UPMC Shadyside Dermatology’s examination rooms.
“On Feb. 18, 2021, Karpiak-Cook was working and assisting a physician removing a patient’s cyst. In the course of assisting the physician, the physician asked Karpiak-Cook to get some more supplies out of the wall cabinet in the examination room. Karpiak-Cook then opened two of the four doors on the wall cabinet when the entire cabinet and its contents fell onto Karpiak-Cook. Karpiak-Cook was able to prevent the cabinet from falling onto the patient, who was lying face down on the table, by blocking it with her, neck/shoulder, chest, arms and hands,” the suit stated.
“The cabinet falling on Karpiak-Cook was the result of either GS Jones or Vincent Restoration or both failing to complete the repairs to UPMC Shadyside Dermatology’s office in a workmanlike and sufficient manner. Defendants’ failures to correctly hang the cabinets caused them to fall. Following this incident, Karpiak-Cook went to UPMC Urgent Care for the pain she was in due to injuries to her left upper left arm, left wrist, left side of her head and left trunk and right side of her body, including shoulder, head, arm and wrist. On Feb. 22, 2021, Karpiak-Cook followed up with Concentra Health Services for her bilateral shoulder, wrist, neck and head injuries. On March 8, 2021, Karpiak-Cook went to UPMC Centers for Rehab Services for physical therapy for her neck muscle strain, right wrist sprain and left wrist pain, right and left shoulder strain, and neck pain. Concentra assessed Mrs. Karpiak-Cook and diagnosed and treated her for contusion to her head and left shoulder, sprain of right wrist, and strain of neck muscle and right shoulder.”
The suit said Karpiak-Cook suffered numerous injuries in the incident, including contusions of the head, left shoulder, and upper left extremity, soft tissue damage on her left shoulder and right wrist, strains to her right shoulder, neck, and right wrist, mild bilateral carpal syndrome, mild left cubital tunnel syndrome, Guyon canal syndrome, decreased range of motion and pain in her wrist, and severe headaches – the effects of which she continues to feel to this day.
The Jones defendants provided an answer, new matter and cross-claim on Jan. 31.
“Paragraphs 1 through 67 of this answer, new matter and cross-claims are incorporated herein as if set forth at length. Plaintiff’s complaint fails to state a cause of action upon which relief can be granted. To the extent plaintiff’s damages were proximately caused or contributed to by parties, persons and/or entities other than this defendant, the plaintiff’s claims are barred or limited. To the extent plaintiff’s damages were proximately caused or contributed to by superseding and intervening causes, then plaintiff’s claims are barred or limited,” according to the defendants’ answer.
“Plaintiff’s claims are barred or limited by any releases or agreements/documents signed by or for the plaintiff. To the extent waiver or estoppel applies, plaintiff’s claims are barred or limited. To the extent the plaintiff failed to mitigate her damages, then plaintiff’s claims are barred or limited. This defendant did not have notice of any dangerous condition alleged in the complaint. To the extent any medical bills are recoverable in this action, the medical bills themselves are not admissible or recoverable and, instead, only those amounts which were paid, or will be paid, are admissible and/or recoverable. If evidence is developed during the course of preparation for the trial of this case or at the trial of this case, this defendant hereby reserves its right to assert any new matter afforded to them concerning the bar or limitation to the causes of action asserted by the plaintiff.”
Furthermore, the answering defendants lodged a cross-claim against the Vincent Restoration co-defendants.
In response, the plaintiff lodged a reply to the answer and new matter on Feb. 15, which found the defendants’ material to be conclusions of law to which no response is required – and in the event any response was deemed to be required, plaintiff counsel denied those averments and demanded strict proof of same at the time of trial.
On April 13, the Vincent Restoration defendants filed a stipulation to amend the caption of the complaint to categorize them collectively as “Vincent Restoration and Remodeling, LLC” – leading the defendants in the action to now be Vincent Restoration and Remodeling, LLC and Jones Consulting and Construction Group, LLC (doing business as “G.S. Jones”).
Five days later, on April 18, Vincent Restoration and Remodeling, LLC filed an answer and new matter in the case, which denied the allegations as presented by the plaintiff.
“The complaint fails to state a cause of action against VRR upon which relief can be granted. To the extent discovery should so reveal, plaintiff’s claim is barred and/or limited by the contributory negligence of plaintiff, and the provisions of the Comparative Negligence Statute, which is pled herein as an affirmative defense. To the extent discovery should reveal, plaintiff’s alleged injuries and/or damages, if any, were the result of pre-existing, intervening and/or superseding causes not within the control of VRR and for which VRR cannot be held liable,” the new matter stated.
“To the extent discovery should reveal, plaintiff’s claims are barred or limited to the extent they were caused by pre-existing medical conditions. To the extent discovery should so reveal, VRR pleads the affirmative defenses as set forth in Pennsylvania Rule of Civil Procedure 1030.”
The VRR defendants also asserted cross-claims against the Jones defendants.
UPDATE
On June 14, the defendants collectively moved to drop all cross-claims made against one another in the course of the case.
“The defendants, Vincent Restoration and Remodeling, LLC and Jones Consulting and Construction Group, LLC (doing business as “G.S. Jones & Sons, Inc.”), by and through their counsel, and file this stipulation to dismiss all cross-claims asserted, with prejudice,” according to the defense’s motion.
For two counts of negligence, the plaintiff is seeking compensatory, consequential and economic damages from the defendants in excess of the jurisdictional arbitration limits, together with interest, costs of suit, and any other relief this Honorable Court deems appropriate to recover.
The plaintiff is represented by Mark D. Troyan and Timothy C. Leckenby of Robert Peirce & Associates, in Pittsburgh.
The defendants are represented by Bryan J. Smith of Dell Moser Lane & Loughney, also in Pittsburgh.
Allegheny County Court of Common Pleas case GD-22-014894
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com