PITTSBURGH – A local cyclist alleges that due to a lack of adequate lighting, he fell off his bicycle on the Three Rivers Heritage Trail in Pittsburgh and suffered a host of severe injuries.
Aaron Gaglia of Pittsburgh filed suit in the Allegheny County Court of Common Pleas on July 12 versus Friends of the Riverfront, Inc. of Etna and the City of Pittsburgh.
“The Three Rivers Heritage Trail is a designed designated and improved recreational trail that runs parallel to the riverbanks in Allegheny County, Pennsylvania and is used at all times of the day and night for both recreation and transportation by pedestrians and bicyclists. At all times relevant, defendant, Friends of the Riverfront was responsible for the care, custody, control, maintenance, and safety of the Three Rivers Heritage Trail. At all times relevant, defendant City owned and was in custody and control of the Three Rivers Heritage Trail,” the suit says.
“The Three Rivers Heritage Trail is a known area for bicycle traffic and specifically developed for biking and walking for leisure and transportation. Said Three Rivers Heritage Trail has no artificial lighting directly on the trail. At all times relevant hereto, there was a metal motor vehicle traffic blocker on the cantilever bridge across from Washington's Landing, in the middle of the Three Rivers Heritage Trail. On or before July 21, 2022, the said unmarked, metal traffic blocker, approximately two feet in height, was present on the Three Rivers Heritage Trail at or about 10 p.m.”
The suit adds that it was believed and therefore averred that the purpose of the unmarked, metal traffic blocker is to prevent motor vehicles from traveling across the cantilevered bridge – and that the blacker was able to be moved up or down by removal or insertion of a metal pin, and did not have reflectors, lights nor any other markings, indicating the presence of the traffic blocker in times of low light or night.
“On or about July 21, 2022, at approximately 10 p.m., plaintiff met with approximately 20 cyclists near the West End Circle and entered onto the Three Rivers Heritage Trail near the Rivers Casino along the Allegheny River for a customary evening ride throughout the City. At all times relevant, the Three Rivers Heritage Trail was dark and there was inadequate lighting on said trail along with a lack of reflective material or appropriate hazards. It was known to the defendants that cyclists would frequently use said trail for evening rides. At all times relevant, plaintiff was wearing a headlamp on his head and was operating a custom road bicycle,” the suit states.
“At approximately 10:30 p.m., plaintiff was operating his bicycle carefully in a northwestern direction on the Three Rivers Heritage Trail between the 31st Street Bridge and the 40th Street Bridge. As plaintiff carefully proceeded in a northwestern direction, his bicycle crashed into the unmarked, non-reflective, metal traffic blocker, which defendants created, maintained and/or should have known existed on the Three Rivers Heritage Trail. The impact was so violent that it caused plaintiff to be thrown into the air, headfirst, landing on the right side of his face and his right shoulder.”
In the process, Gaglia says he suffered a closed head injury; bruises, abrasions and lacerations to his forehead, right eye, nose and right shoulder; generalized trauma and injury to his face, requiring sutures; generalized trauma and injury to his right shoulder, and nervousness, emotional tension and anxiety.
For counts of negligence, the plaintiff is seeking damages in excess of the jurisdictional arbitration limit, plus interest and costs.
The plaintiff is represented by William F. Goodrich and Bianca M. DiNardo of Goodrich & Geist, in Pittsburgh.
The defendants have not yet secured legal counsel.
Allegheny County Court of Common Pleas case GD-23-008458
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com