PITTSBURGH – West Penn Power Company declines liability in a negligence and wrongful death lawsuit brought against it, over a fallen tree incident that left one man paralyzed for life and killed his wife.
Jared E. Quinteros of McDonald first 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 stated.
“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 continued 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 said.
With regards to the first suit, it said 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 stated.
“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.”
UPDATE
In the latter suit, West Penn Power Company filed an answer with new matter and cross-claims against its co-defendants on Aug. 1 – along with a separate filing requesting the joining of Asplundh Tree Expert, LLC, as an additional defendant.
“The complaint fails to state a cause of action against West Penn Power upon which relief may be granted. Although the defenses of assumption of the risk, contributory negligence and comparative negligence need not be plead under Rule 1030(b) of the Pennsylvania Rules of Civil Procedure, West Penn Power asserts that those defenses apply to the claims brought by plaintiffs in this case. Plaintiffs’ claims are barred or limited by accord and satisfaction and set-off. Plaintiffs’ claims are barred by the equitable doctrines of laches, estoppel and/or waiver. Plaintiffs’ claims are barred because West Penn Power acted reasonably and in good faith at all applicable times and in accordance with governing NESC codes, statutes and relevant regulations,” per the defendant’s new matter.
“Plaintiffs’ claims against West Penn Power are barred because West Penn Power did not breach any duty owed to Ms. Leo or Mr. Quinteros. Plaintiffs’ claims against West Penn Power are barred by superseding and/or intervening events that caused Ms. Leo’s death and Mr. Quinteros’ alleged injuries, including, but not limited to, the recent inclement weather that caused the tree limb to fall and Ms. Leo’s and Mr. Quinteros’ own actions. Plaintiffs’ claims are barred and/or reduced as a result of Ms. Leo’s and Mr. Quinteros’ own actions and/or inactions which were the cause–in–fact and/or legal cause of the alleged injuries and/or damages. Any actions or inactions of West Penn Power were so attenuated from the purported injuries alleged in the complaint that those alleged injuries were unforeseeable and beyond the ambit of West Penn Power’s alleged liability. The alleged conduct of West Penn Power was not the legal cause of Ms. Leo’s death or Mr. Quinteros’ alleged injuries.”
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.
Defendant West Penn Power Company is represented by Gerald J. Schirato Jr. and Rachel M. Good of Duane Morris, in Pittsburgh.
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