PITTSBURGH – A Washington County couple have reiterated personal injury allegations against Allegheny County, charging its negligence led to the wife-plaintiff falling during a spirited game of pickleball nearly two years ago.
Pamela S. Kerr and Robert Kerr of McMurray first filed suit in the Allegheny County Court of Common Pleas on June 1, 2023 versus Allegheny County, of Pittsburgh.
“Upon information and belief, on May 23, 2022, defendant owned, possessed, operated, maintained and/or controlled the property located at 100 Buffalo Drive, South Park, Allegheny County, Pennsylvania 15129. Defendant was responsible for the maintenance, inspection, identification and repair of any and all dangerous, defective, hazardous and unsafe conditions within the premises. At all relevant times, there existed a dangerous, defective, hazardous and unsafe condition on the premises, characterized by an unsecured and exposed nail located on a basketball court,” the suit stated.
“On May 23, 2022, plaintiffs were playing pickleball at the property owned, possessed operated, maintained or controlled by the defendants. The pickleball court is located adjacent to a basketball court. Wife-plaintiff moved to retrieve a ball that had been hit onto the basketball court. The basketball court had a grid of nails attached to strings on the surface. As wife-plaintiff was retrieving the ball, her foot struck an unmarked and inconspicuous nail protruding from the asphalt surface. The protruding nail caused wife-plaintiff to fall and violently strike the ground.”
The suit continued that the defendant “knew or should have known of the hazardous and dangerous condition present on the surface of the basketball court” and “took no steps to warn or otherwise remedy the hazardous condition present on the surface of the basketball court.”
“As a direct and proximate result of the negligence and carelessness of defendant, by and through their employees, wife-plaintiff sustained the following injuries, some of which may be permanent in nature: a) Depressed fracture of the anterior wall of the right maxillary sinus; b) Sinus nerve damage; c) Permanent loss of sensation in teeth; d) Bruises, contusions and other injuries in or about nerves, muscles, bones, tendons, ligaments, tissues and vessels of the body; and e) Nervousness, emotional tension, anxiety and depression,” the suit said.
“As a direct and proximate result of the aforesaid negligence and carelessness of defendants, by and through their employees, wife-plaintiff sustained the following damages: a) She has endured and may continue to endure pain, suffering, inconvenience and loss of enjoyment of life; b) Her general health, strength and vitality was and may continue to be impaired; c) She has suffered embarrassment and humiliation; d) She has lost wages; and e) She has been required to expend large sums of money for medical attention, hospitalization, medical supplies, medical appliances, medicates and various other medical services.”
UPDATE
On Feb. 22, Allegheny County answered the complaint, denied its allegations and provided new matter on the County’s behalf – which argued, among other things, that plaintiff Pamela Kerr was trespassing on the property at hand when her injuries occurred and thus, was not owed a protective duty by Allegheny County.
“Defendant is entitled to governmental immunity pursuant to Political Subdivision Tort Claims Act. Defendant pleads immunity as an affirmative defense. Plaintiff has contributed to any alleged negligence in the alleged accident. Plaintiff’s claim is governed by the Comparative Negligence statute. Allegheny County pleads an open and obvious condition, the public duty doctrine, the lack of a dangerous condition, an intervening superseding cause, the choice of paths doctrine, the lack of causation and the lack of notice of the allegedly dangerous condition,” the new matter stated.
“Plaintiff Pamela S. Kerr was a trespasser on the part of the property where she alleges she was injured. Plaintiff was owed a limited duty based on her status as a trespasser. Defendant did not breach any duty that may have been owed to the plaintiff Pamela Kerr. The plaintiff’s claims, in whole or in part, are barred by the doctrine of laches and by the statute of limitations. Plaintiff assumed the risk and failed to mitigate damages.”
Four days later, on Feb. 26, the plaintiffs denied the defense’s new matter in its entirety.
For counts of negligence and loss of consortium, the plaintiffs are seeking damages 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 plaintiffs are represented by Paul G. Mayer Jr. of Friday & Cox, in Pittsburgh.
The defendant is represented by Philip P. Roberts and Dennis Biondo Jr. of the Allegheny County Law Department, also in Pittsburgh.
Allegheny County Court of Common Pleas case GD-23-006870
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com