PITTSBURGH – The mother of a man who died as a result of drowning in the pool of a Comfort Inn hotel in Pittsburgh earlier this year has filed a wrongful death lawsuit in his name.
Olah Mandley (individually and as Personal Representative of the Estate of Israel Mandley, decedent) of Duquesne filed suit in the Allegheny County Court of Common Pleas on Dec. 11 versus Mohammad Saleem and Mohammad Tanvir (both doing business as “Comfort Inn Conference Center Pittsburgh”), both of Pittsburgh.
“At all times material hereto, defendants acted by and through their agents, servants and/or employees acting within the scope of their authority and going in and about the business of defendants. At all times material hereto, defendants owned, operated and maintained a swimming pool on the premises for the use of its members and invitees, at which it had undertaken to provide lifeguards and other services for the protection and safety of those persons swimming in the pool,” the suit states.
“This lawsuit has become necessary due to the drowning death of decedent on or about July 24, 2023. On the date in question, decedent was present at defendants’ hotel, Comfort Inn Conference Center, located at 699 Rodi Road, Pittsburgh, PA 15235. At all relevant times, the pool, its equipment, enclosures and appurtenances were owned, operated, controlled and managed by defendants. Decedent died as a direct result of defendants’ negligent and/or grossly negligent conduct.”
The suit continues that the plaintiff, the decedent’s mother, is entitled to recover damages related to his death, that the decedent did not file suit during his lifetime and no other suits have been filed to recover damages for the wrongful death of the decedent.
“The drowning of decedent was the direct and proximate result of the negligence and carelessness of defendant and its failure to exercise that degree of care due and owing to decedent, in one or more of the following particulars: a) Failing to properly train its employees; b) Failing to properly supervise its employees; c) Failing to hire, manage, train, and supervise competent employees; d) Failing to timely and/or adequately react to decedent’s drowning; e) Failing to timely and/or adequately respond to decedent’s drowning; f) Failing to take appropriate and reasonable action to protect decedent; g) Failing to inspect, maintain, and repair the subject pool, pool area, enclosures, gates and/or pool equipment; h) Failing to inspect, maintain, and/or provide adequate safety equipment; i) Failing to implement adequate safety policies and/or procedures; j) Failing to enforce adequate safety policies and/or procedures; k) Failing to comply with applicable ordinances, regulations, laws, and industry standards; l) Vicariously liability for the acts and/or omissions of their employees; m) Other acts and/or omissions that would be deemed negligent, negligent per se, and/or grossly negligent; n) Defendants’ acts and/or omissions proximately caused decedent’s injuries, death, and plaintiffs’ resulting damages. Further, defendants acted knowingly and/or recklessly, committing gross negligence. Accordingly, plaintiffs are entitled to and seek exemplary damages,” the suit says.
“The persons entitled by law to recover damages for decedent’s death have or may have sustained all or some of the following damages: a) The cost of hospital, medical, nursing, drugs, appliances and kindred expenditures and all other costs incident to the treatment of decedent; b) The cost of funeral and burial expenses occasioned by decedent’s death; c) The past and future loss of the value of the services, assistance, comfort, guidance, counseling, companionship and society of decedent; d) The past and future loss of any pecuniary benefits which would have been received from decedent; e) The expenses of the administration of decedent’s Estate; and f) Such other losses and damages as are recoverable by law or statute.”
For counts of survival and wrongful death, the plaintiff is seeking damages in excess of the amount requiring referral to arbitration in Allegheny County, together with costs.
The plaintiff is represented by Noah M. Wexler and Trevor A. Courtney of Arnold & Itkin, in Houston, Texas.
The defendants have not yet retained legal counsel.
Allegheny County Court of Common Pleas case GD-23-014155
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com