PITTSBURGH – A Westmoreland County woman who alleged she was injured at a music concert, when a long, fluorescent light bulb fell from the ceiling of the concert venue and landed on top of her head, has settled her case.
Andrea Johnson first filed suit in the Allegheny County Court of Common Pleas on Jan. 3 versus Promowest Northshore Complex, LLC (doing business as “Stage AE”) of Pittsburgh, Anschutz Corporation of Denver, Colo. and Anschutz Entertainment Group of Los Angeles, Calif.
“On March 2, 2022, Andrea Johnson attended a music event at Stage AE. While Ms. Johnson was enjoying the music, suddenly and without warning, an object struck her on the head, and she heard glass breaking at the same time. Johnson was confused and asked others what happened, while noticing glass shards on the floor all around her,” the suit said.
“At around the same time, Stage AE employees approached Johnson, asking if she would like to give a ‘statement’ while others came to clean up the glass on the floor. The object that struck Johnson was a long, fluorescent light bulb that had fallen from a ceiling fixture that, despite its great height, was uncaged to protect from this type of event.”
The suit added that after several minutes, Johnson’s head and neck began to ache and she and her companion chose to leave the venue, providing a statement on the events to the venue’s office on their way out.
“Afterwards, Johnson’s companion took her to the hospital, where providers found a hematoma on her scalp during evaluation, and she discharged with a plan to follow up with a neurologist if she continued to have headache and concussion symptoms. As a result of the defective condition of the defendants’ premises, Johnson has suffered severe and serious physical injuries to her muscles, bones, ligaments, tissue and brain,” the suit stated.
The suit continued that the defendants failed to properly install and secure the light bulb in question, or protect it from falling onto venue patrons below, such as the plaintiff.
According to the terms of a joint stipulation filed by counsel for all parties on March 1, the Anschutz defendants were dismissed from the case without prejudice.
Promowest Northshore Complex, LLC answered the complaint and provided new matter on March 15.
“Plaintiff’s complaint fails to set forth any cause of action against Promowest upon which relief can be granted. If applicable, based upon facts developed through discovery or at the time of trial, Promowest asserts that plaintiff’s claims occurred more than two years before this action was filed and are precluded by the provisions of 42 Pa. C.S.A. Section 5524 as amended and other applicable statutes of limitations. Plaintiff’s damages, if any, were caused by an open and obvious condition of which plaintiff should have been aware. Plaintiff’s claims are or may be barred and/or reduced by plaintiff’s contributory negligence and/or comparative fault,” the new matter stated, in part.
“Plaintiff’s claims are or may be barred by plaintiff’s assumption of risk. To the extent justified by the facts developed in discovery or the evidence introduced at trial, the alleged damages about which plaintiff complains were proximately caused and/or approximately contributed to by parties, persons, and/or entities other than Promowest. To the extent justified by the facts developed in discovery or the evidence introduced at trial, any damages and/or losses sustained by plaintiff were proximately caused or contributed to by a superseding and/or intervening cause or causes other than any alleged act or omission on the part of Promowest and accordingly, recovery against Promowest is barred. Plaintiff’s actions are or may be barred, in whole or in part, by plaintiff’s failure to mitigate damages as shown by the facts developed in discovery or the evidence introduced at trial.”
In replying to the new matter on March 16, the plaintiff denied it as conclusions of law to which no response was required.
On May 9, plaintiff counsel filed a notice of intent to serve a subpoena to produce documents and discovery items pursuant to 231 Pa. Code Rule 4009.21. The subpoena is directed to Forbes Regional Hospital.
“Within 20 days after service of this subpoena, you are ordered by the Court to produce the following documents: Andrea Johnson’s complete employment records, including but not limited to, attendance, employment, payroll and work accommodation records. If you fail to produce the documents required by this subpoena within 20 days after its service, the party serving this subpoena may seek a court order compelling you to comply with it,” the subpoena stated.
UPDATE
On Oct. 19, plaintiff counsel filed a praecipe informing the Court that the case was settled. Terms of the settlement were not revealed.
“Kindly mark the docket in the captioned matter settled and discontinued of record,” the praecipe said.
For multiple counts of negligence, the plaintiff is seeking compensatory damages in excess of the jurisdiction of the Board of Arbitrators of this Court.
The plaintiff is represented by Ernest J. Pribanic of Pribanic & Pribanic, in White Oak.
The defendant is represented by Annabelle L. Carone of Dickie McCamey & Chilcote, in Pittsburgh.
Allegheny County Court of Common Pleas case GD-23-000034
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com