PITTSBURGH – A man helping to construct a handicap-accessible ramp on a job site says negligence on the part of multiple defendants in failing to shut off a gas line while performing excavation work, caused an explosion which severely injured him.
Robert J. Bodzer and Becky J. Bodzer filed suit in the Allegheny County Court of Common Pleas on May 9 versus Keith Coltogirone (doing business as “C&C Contracting, Inc.”, Keith Coltogirone (doing business as “KDC, LLC”), the City of McKeesport and City of McKeesport Public Works. All parties are of McKeesport.
“On or about Aug. 2, 2022, plaintiff [Robert J. Bodzer] was lawfully on the above-mentioned premises [of 410 9th Street in McKeesport]. On the aforementioned date, defendant Coltogirone was undertaking excavation work to construct a rear handicap ramp on the premises. At all times relevant and material hereto, plaintiff was assisting defendant Coltogirone in the construction of the rear handicap ramp,” the suit states.
“Plaintiff was walking to defendant Coltogirone’s truck in the rear lot, about 20 feet from the building, when the building exploded suddenly and without warning. The force from the explosion was so severe that it lifted plaintiff into the air and threw him violently into a parked vehicle, causing severe injuries. The explosion occurred because defendant Coltogirone, while excavating on the property, hit an active gas line.”
The suit continues that at no time relevant hereto did any of the defendants shut off the gas line prior to beginning excavation, flag the active gas line prior to beginning excavation, obtain permitting to begin excavation or utilize the Pennsylvania One Call System, as they are so required pursuant to 73 Pa.C.S.A. Sections 176-186.
“Furthermore, defendants, through extreme and outrageous conduct and/or reckless indifference to the interests of plaintiff, failed to ensure a safe construction site, including turning off the active gas line, which caused plaintiff severe injuries. As a direct and proximate result of the aforementioned explosion, plaintiff sustained the following injuries, some or all of which may be permanent: Disc herniation, compression fracture, cerebral concussion, with post-concussion syndrome, blurred vision, ocular pain, light and sound sensitivity, bilateral tinnitus, visual hallucinations and nightmares, post-traumatic headaches and nausea, bowel incontinence, muscle spasms and nerve pain, lower extremity pain and weakness, neural tension and paresthesia to left lower extremity, thoracic cage elevation, right ankle sprain, bruises, contusions, and other injuries in or about the nerves, muscles, tendons, ligaments, tissues and vessels of the body, and nervousness, emotional tension, anxiety, and depression,” the suit says.
For multiple counts of negligence, negligence per se and loss of consortium, the plaintiff is seeking, individually, jointly and severally, damages in excess of the jurisdictional limits of compulsory arbitration, together with court costs, interest, punitive damages and such other and further relief as this Honorable Court may deem just and equitable.
The plaintiffs are represented by Christopher M. Halesey of Woomer & Talarico, in Pittsburgh.
The defendants have not yet retained legal counsel.
Allegheny County Court of Common Pleas case GD-24-005326
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com