PITTSBURGH – A Western Pennsylvania woman stands by claims that she was seriously injured, when she fell while traversing a rain-slicked plywood ramp connected to a trailer, on the premises of her partner’s employer.
Victoria Geis of Glassport first filed suit in the Allegheny County Court of Common Pleas on May 24 versus McGann & Chester, LLC, of Pittsburgh.
“At all times relevant and material hereto, the defendants operated, possessed, controlled, managed and/or maintained the premises located at 700 Hargrove Street, Pittsburgh, Allegheny County, PA 15226. At all times relevant hereto, defendant operated its business as McGann & Chester Towing & Recovery out of the premises. At all times relevant and material hereto, the defendant had a duty to inspect maintain, repair, control, supervise and/or oversee the premises. At all times relevant and material hereto, defendant had a duty to warn of and correct any dangerous conditions thereon. At all times relevant and material hereto, the defendant acted by and through their agents, servants, employees, representatives, assignors, subsidiaries, predecessors and/or successors in interest,” the suit said.
“At all times relevant and material hereto, plaintiff’s long-term domestic partner was employed by defendant. On the aforesaid date and time, plaintiff with her long-term domestic partner was invited to attend a Medicare meeting on behalf of employees of defendant. On the aforesaid date and time, plaintiff was to attend the Medicare meeting in a trailer on the premises. On June 3, 2021, at approximately 11:03 a.m., plaintiff was lawfully on the premises as an invitee of the defendant. Prior to the June 3, 2021 meeting, defendant had placed a ramp constructed of plywood to allow access to defendant’s trailer.”
The suit added that on the aforesaid date and time, it was raining and when the plaintiff stepped onto the plywood ramp to gain access to the trailer, she immediately fell – furthermore, that without the plaintiff’s knowledge, the plywood became slippery and as a result, the plaintiff slipped on the wet surface of the plywood ramp leading to the trailer entrance.
“Plaintiff was caused to fall as a result of the wet surface of the plywood and the excessive slope of the plywood ramp. At all times relevant and material hereto, there were no caution signs or other warnings in the area of the slippery condition of the ramp. At all times relevant and material hereto, no non-skid resistant material was placed on the plywood ramp leading to the trailer,” the suit stated.
“Plaintiff was caused to fall as a result of coming into contact with the aforementioned defective conditions. At all times relevant and material hereto, defendant knew or should have known of the dangerous, hazardous, unsafe, and/or defective conditions that existed on the premises. At all times relevant and material hereto, defendant failed to take any steps to eliminate the hazard, reduce its danger to invitees, or to otherwise warn users, including plaintiff, of the dangerous, hazardous, unsafe and/or defective condition.”
UPDATE
McGann & Chester, LLC answered the complaint on July 28 and denied its substantive allegations.
“Plaintiff’s complaint, in whole or in part, fails to state claims to which relief may be granted under Pennsylvania law. To the extent established by the facts, all claims are barred by the applicable statute of limitations and/or doctrines of laches, waiver and/or estoppel. This defendant, at all times material and relevant, acted in a proper, prudent and reasonable manner and with the requisite and required due care, prudence and skill required under the circumstances. To the extent established by the facts, all claims are barred and/or limited by plaintiff’s failure to mitigate damages. Plaintiff’s injuries or damages, which are denied, are the result of the acts or omissions of persons or entities other than this defendant,” according to the defendant’s new matter, in part.
“Should discovery reveal that plaintiff has suffered injuries and/or damages alleged in plaintiff’s complaint, which injuries and/or damages are herein denied, then this defendant avers that plaintiff’s injuries and/or damages were caused solely and/or exclusively by circumstances over which this defendant did not have any custody, control and/or responsibility; and/or were the result of superseding, intervening and/or independent causes; and were not in any manner whatsoever caused by the actions and/or inactions of this defendant. Plaintiff has failed to join all necessary and indispensable parties including those with subrogation interests for having paid medical bills, for just adjudication. This Court lacks personal and/or subject matter jurisdiction over answering defendant. Plaintiff has failed to obtain service and/or service of process. Plaintiff’s injuries and damages, if any, which injuries and damages are specifically denied, were caused or contributed to by plaintiff’s own contributory and/or comparative negligence.”
The defendant added that damages sought by the plaintiff “are attributable to one or more persons from whom plaintiff does not seek recovery in this action.”
Three days later, on July 31, the plaintiff replied to the new matter and denied it as “conclusions of law to which no responsive pleadings are required” and “to the extent that responsive pleadings are required, said allegations are denied.”
For multiple counts of negligence, the plaintiff is seeking compensatory and punitive damages against the defendants 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 plaintiff is represented by Mark F. McKenna of McKenna & Associates, in Pittsburgh.
The defendant is represented by Michelle L. Gorman of Lewis Brisbois Bisgaard & Smith, also in Pittsburgh.
Allegheny County Court of Common Pleas case GD-23-006509
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com