PITTSBURGH – The City of Pittsburgh has denied liability for severe injuries suffered by a local cyclist, when he said that a lack of adequate lighting on the Three Rivers Heritage Trail caused him to fall off his bicycle.
Aaron Gaglia of Pittsburgh first 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 said.
“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 added 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 stated.
“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 said 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.
UPDATE
The City filed an answer with new matter and a cross-claim on Aug. 15, denying its substantive claims and redirecting liability to its co-defendant, Friends of the Riverfront.
“Plaintiff has failed to state a claim upon which relief can be granted. The City denies all allegations of negligence set forth in plaintiff’s complaint. This lawsuit is governed by the Political Subdivision Tort Claims Act. The City raises all applicable protections of this Act as a defense/bar to plaintiff’s claims. This lawsuit is also governed by the Recreational Use of Land and Water Act. The City raises all applicable protections of this Act as a defense/bar to plaintiff’s claims. The City pleads immunity as an affirmative defense. The City pleads the public duty doctrine as an affirmative defense. The City did not fail in any duty or obligation that might have been owed to plaintiff,” per the City’s new matter.
“Any right of plaintiff to recover in this action, which right is expressly denied, is governed, diminished and/or barred by his contributory and/or comparative negligence and the City claims all benefits of the provisions of the Pennsylvania Comparative Negligence Act. Any alleged damages to which plaintiff may otherwise be entitled, which entitlement is expressly denied, must be reduced and/or barred by plaintiff’s comparative negligence. The City believes and therefore avers that plaintiff was negligent and his negligence proximately caused and/or contributed to his alleged injuries, all of which have been expressly denied. The City believes and therefore avers that plaintiff was not looking where he was riding and/or choosing an appropriate path. The alleged defect was open and obvious. At all times relevant hereto, plaintiff was aware of all conditions of the Three Rivers Heritage Trail, and that the Three Rivers Heritage Trail is open from dawn until dusk. Plaintiff assumed the risk riding a bicycle at 10:30 p.m., at dark, after the trail was closed and not intended for use.”
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 are represented by Krysia M. Kubiak and Mary Ann DiIanni, of the City of Pittsburgh’s Law Department.
Allegheny County Court of Common Pleas case GD-23-008458
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com