PITTSBURGH – A lawsuit from the mother of a high school boy who lacerated two fingers on the exposed metal portion of bleachers during his gym class lawsuit against the Jefferson Hills School District, was recently terminated due to prolonged inactivity.
Lisa Jane Karner (legal guardian of John Doe) of Allegheny County first filed suit in the Allegheny County Court of Common Pleas on Sept. 28, 2020 versus Jefferson Hills School District, of Jefferson Hills.
On Oct. 14, 2019, the Doe plaintiff was participating in a physical education class at Thomas Jefferson High School’s gymnasium, where he had been directed by his teacher to play a tag-like game. Included in the gymnasium were fixtures that were pull-out bleacher and on the day in question, one section had been partially opened, exposing metal ridges where two pieces of metal came to a juncture.
“As plaintiff and fellow students were participating in the activity directed by the [teacher], minor plaintiff lost his balance while being tagged and fell towards the bleachers. The plaintiff’s right hand fell onto the back side of the facing plate with his right pinky finger and ring finger coming down on the ridge metal,” the suit stated.
“As a result of his hand coming in contact with the ridge metal, the plaintiff suffered a severe laceration to both his pinky finger and ring finger on his right hand. As a result of the laceration to his pinky finger, the plaintiff was required to undergo surgery to repair nerve damage. Plaintiff will have to continue medical treatment including physical therapy and other rehabilitation efforts in attempt to gain full use of his finger.”
The incident has left the plaintiff, the suit stated, with permanent limitations/lifelong sequelae, permanent scarring, extreme pain and suffering as a result of his injuries.
Counsel for Jefferson Hills School District filed an answer with new matter on Oct. 21, 2020, denying the plaintiffs’ claims as conclusions of law to which no official response was required and citing governmental immunity which it feels it is entitled to.
“Defendant raises and preserves as an affirmative defense and new matter, each and every protection and governmental immunity afforded to it under Sections 8541 et seq. of the Judicial Code, commonly known as the Political Subdivision Tort Claims Act (Tort Claims Act). Plaintiff’s claims may be barred and/or limited by the provisions of the Pennsylvania Comparative Negligence Act, 42 Pa. C.S.A. Section 7102. Any acts or omissions of answering defendant alleged to constitute negligence may not have been the substantial or factual causes of the subject incident and/or did not result in the injuries and/or losses alleged by plaintiff,” the answer read, in part.
“Plaintiff’s claims may be barred by the applicable statute of limitations and by the failure to mitigate damages. Plaintiff’s claims may be due in whole or in part to an act or acts of commission or omission of persons, parties or entities other than answering defendant and over whom answering defendant had no control or right of control.”
The plaintiffs filed a response on Oct. 28, 2020, denying the new matter in its entirety.
UPDATE
On May 5, the Allegheny County Court of Common Pleas posted a notice on the case’s docket that it was to be terminated, pursuant to Pennsylvania Rule of Civil Procedure 230.2.
According to that rule, “The Court may initiate proceedings to terminate a case in which there has been no activity of record for two years or more by serving a notice of proposed dismissal of court case.”
The case was then terminated on July 7, according to the same said rule.
The plaintiffs were represented by David C. Brumfield of Alpern Schubert, in Pittsburgh.
The defendant was represented by Christopher J. Sichok of the Law Offices of Terry L.M. Bashline, also in Pittsburgh.
Allegheny County Court of Common Pleas case GD-20-010230
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com