Recently filed lawsuits in Pennsylvania courts include a wrongful death lawsuit against a roofing company and other firms, plus another such suit involving a woman killed in an automobile-pedestrian accident.
Man killed in July 2023 after suffering fatal fall during roofing work
This case is brought by Joseph H. Gazzo Jr., on behalf of the Estate of Joseph T. Gazzo Jr., who was killed on July 13, 2023 in the course of his work.
“On July 13, 2023, at approximately 8:28 a.m., Joseph T. Gazzo was lawfully working on a roof of the auxiliary gym during renovation of the same at Pine Richland High School at 700 Warrendale Road, Gibsonia, Allegheny County, Pennsylvania 15044. At all times relevant hereto, Gazzo was lawfully on the premises of the project as a business invitee, to whom the defendants owed the highest duty of care. At all times relevant hereto, Gazzo was an employee of Greco Steel Products. At the aforementioned time and location Gazzo, while acting within the course and scope of his employment, was assisting with cutting a section of the metal roof,” the suit says.
“The entire auxiliary gym was under renovation as the bare concrete floors, gravel and rebar were exposed inside of the auxiliary gym. The roof on which Gazzo was standing was at least three stories above the ground. While working on the roof, Gazzo was cutting a section of the metal roof out. While working on the roof, Gazzo was suddenly and unexpectedly caused to fall through an open and uncovered hole in the roof, falling three stories to the ground and violently landing on the concrete, gravel and rebar below.”
Gazzo later succumbed to his injuries.
The suit seeks judgment against the defendants in excess of the minimum jurisdictional limits through actual economic and non-economic damages in an amount to be determined at trial, punitive damages, pre-judgment and post-judgment interest and granting all such other relief as the Court deems necessary, just and proper.
Woman killed in automobile-pedestrian accident, after police traffic stop
This case is brought by Michael Nahas, representing the Estate of Faye McCoy and a minor, D.S.P. Jr., against the City of Pittsburgh, several of its police officers, a local establishment named Art’s Tavern and a John and Jane Doe couple – after Faye was killed in an automobile-pedestrian accident this past January.
“In the very early morning hours of Jan. 27, 2024, Ms. McCoy and her friend Ms. Nakila Crawford-Creighton were driving across the West End Bridge in the City of Pittsburgh. Although Ms. Crawford-Creighton was the driver, the vehicle was owned by Ms. McCoy who was the passenger during the events alleged in this complaint. Ms. Crawford-Creighton, while driving across the bridge, made a wrong turn and hit a barrier at the end of the bridge which made the vehicle inoperable. One or more witnesses, out of concern for Ms. McCoy and Ms. Crawford-Creighton, contacted the City of Pittsburgh Police, who arrived shortly thereafter. Upon arrival, the police suspected Ms. Crawford-Creighton of driving while impaired. Ms. Crawford-Creighton was arrested for impaired driving, the car was impounded, and the police sent her passenger – Ms. McCoy – on her way on foot,” the suit states.
“According to defendant Officer Zacariah Norman’s Affidavit of Probable Cause ‘While officers attempted to detain Ms. Crawford, Ms. McCoy started to walk over towards the officers. I instructed Ms. McCoy to return to the vehicle, which she did not comply. I then detained McCoy until officers were able to get Crawford into custody [sic].’ According to the Pittsburgh Bureau of Police’s policy on arrests, when a person is arrested by Pittsburgh Police, ‘If the person is released, police shall ensure that the person is released at a safe location and is not otherwise placed at risk as a result of the incident. If necessary, police should provide transportation for the released person to a safe location.’ It is believed and therefore averred that the area where Ms. McCoy was released had been identified as the most dangerous intersection in the County of Allegheny. This area was relatively desolate, with poor lighting. Ms. McCoy was released on a winter evening, and she was not warmly dressed. The responding defendant police officers made no effort to ensure that Ms. McCoy had a ride, nor did they transport her to a place of safety. The defendant officers simply watched her walk away in the cold night, scantily-dressed, in an area of few buildings and speeding cars. As she proceeded north across the West End Bridge, she was struck by a vehicle and catapulted over the side of the West End Bridge and died.”
The suit seeks judgment against the defendants, compensatory damages, punitive damages and costs, reasonable attorneys’ fees and costs under 42 U.S.C. Section 1988, as well as any other relief that this Court finds appropriate and based on the evidence at trial.
#3 – Shameera Thomas (As Parent and Legal Guardian of A.E.) v. Mohammad Hamdan Et.Al – Negligence
Minor shot while dining at McKees Rocks restaurant
This case is brought by Shameera Thomas, the mother of a minor named A.E., who was shot five times while dining at the Hook Fish and Chicken restaurant in McKees Rocks.
“The events hereinafter complained of occurred on Nov. 18, 2023, when defendant, Mohammed Hamden, while working within the scope of his employment with defendants, shot a gun at or near the location of the plaintiff and unintentionally hit the plaintiff five times. Defendants knew and/or should have known about the dangerous, hazardous and unsafe condition that existed for an unreasonable period of time,” the suit says.
“Plaintiff’s injuries and damages were caused by and were the direct and proximate result of the negligence, recklessness and wantonness of the defendant, Mohammed Hamdan, as follows: Shooting the plaintiff, firing bullets towards the plaintiff, careless firearm handling, improper discharge of a firearm, inappropriate use of force and failing to warn plaintiff.”
A.E. suffered gunshot wounds to the right shoulder, forearm, upper arm, and back; a comminuted fracture of the medial superior aspect of the right scapula; the presence of multiple metal fragments in the vicinity of the right shoulder soft tissues; persistent pain and tightness in the right shoulder radiating to the deltoid; numbness, tingling and other injuries as may be yet undiscovered and will be revealed in the medical records.
The suit seeks judgment against the defendants, actual economic and non-economic damages, pre-judgment and post-judgment interest, punitive damages, attorney fees and all such other relief as the Court deems necessary, just and proper.
Parents say their child suffered repeated bullying before he died by suicide
This case is brought by David Barrett Young III and Michele Young, the parents of the late Roman Young, a fourth-grade student who died by suicide two years ago, after suffering repeated bullying and assault at the hands of classmates in the Daniel Boone Area School District.
“In early September 2022, Roman Young, age 9, began attending fourth grade at Daniel Boone Area Intermediate Center. Prior to September 2022, Roman Young attended Daniel Boone Area School District in an environment free from bullying, harassment and abuse, which was the status quo. Immediately upon beginning the school year in September 2022, Roman began to be severely bullied, harassed and assaulted by classmates of his on the school bus and also at school,” the suit states.
“Throughout early September 2022, employees of Daniel Boone Area Intermediate Center and Daniel Boone Area School District, personally observed and witnessed Roman being bullied, harassed and assaulted by other students while at school. Despite obtaining actual knowledge that Roman was being serially abused, harassed and bullied by classmates, these employees of Daniel Boone Area Intermediate Center and Daniel Boone Area School District repeatedly placed Roman into the open school setting, with no safeguards, where the bullying and harassment was permitted to continue unabated.”
Despite seeing the school nurse and a guidance counselor while in a suicidal state, the suit says these officials did not ensure Roman was safe from self-harm – and that on Sept. 9, 2022, the fourth-grader took his own life by gunshot wound to the head. After Roman’s death, his parents maintain that school and local law enforcement officials failed to cooperate with their inquest for answers and evidence.
The suit seeks judgment against individually, jointly and severally, including punitive damages, for sums in excess of $75,000, exclusive of interest, pre-judgment interest and costs.
#5 – Nilda Roque & Evelyn Hernandez v. Municipality of Monroeville Et.Al – Wrongful Death
Bystander killed in Monroeville Police Department’s high-speed chase
This case is brought by Nilda Roque and Evelyn Hernandez (as Co-Administratrixes of the Estate and on Behalf of Wrongful Death Beneficiaries of Luis Hernandez, Deceased) versus the Municipality of Monroeville, Monroeville Police Department, Chief Kenneth D. Cole, Corporal Chad Hoffner, Sergeant James MacDonald, Officer Brian Frank and Officer Kevin Persichetti.
“On the evening of Aug. 26, 2022, at roughly 8 p.m., Mr. Luis Hernandez, a single father of three children ranging in age from 10 to 15 at the time of the incident, was crossing the intersection of William Penn Highway and Graham Boulevard on his mini-bike while returning home from work. While in the intersection, Luis Hernandez was struck by a vehicle driven by Jack Sherwood, who was being pursued by Monroeville in a high-speed police chase. Mr. Hernandez was taken to UPMC Mercy Hospital, where he was pronounced dead at 11:53 p.m. on Aug. 26, 2022. The cause of death on Mr. Hernandez’s death certificate is identified as blunt force trauma to the head, trunk and extremities,” the suit says.
“Within an instant, with no time to prepare nor opportunity to say goodbye, Luis Hernandez lost his life and the Hernandez family lost its guiding paternal figure, whom they all relied upon, as a the direct result of a needless, high-speed police pursuit improperly conducted by the Police Officer defendants for the purpose of apprehending an individual who was already known to police with outstanding warrants. The Police Officer defendants’ improper and negligent high-speed pursuit of the suspect directly caused the fatal collision between and the vehicle of the fleeing suspect and Luis Hernandez.”
The suit seeks judgment against the defendants, jointly and severally, plus compensatory damages, punitive damages, pre-judgment and post-judgment interest and recovery of plaintiffs’ costs, including reasonable attorneys’ fees pursuant to 42 U.S.C. Section 1988 and 42 U.S.C. Section 1920, against defendants, and any and all other relief to which plaintiffs may be entitled.
The case, originally filed in the Allegheny County Court of Common Pleas, has since been removed to the U.S. District Court for the Western District of Pennsylvania.
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com