$______ RECOVERY - PREMISES LIABILITY - HAZARDOUS PREMISES - PLAINTIFF FALLS FROM 5TH FLOOR BALCONY WHEN BALCONY RAILING WHICH PLAINTIFF WAS HOLDING ONTO WHILE PAINTING GIVES WAY - MULTIPLE FRACTURES - SPINAL SHOCK PARALYSIS - PERMANENT SPINAL PARAPLEGIA.

• Pages: 3-4

$100,000 RECOVERY – PREMISES LIABILITY –

HAZARDOUS PREMISES – PLAINTIFF FALLS FROM 5TH

FLOOR BALCONY WHEN BALCONY RAILING WHICH

PLAINTIFF WAS HOLDING ONTO WHILE PAINTING

GIVES WAY – MULTIPLE FRACTURES – SPINAL SHOCK

PARALYSIS – PERMANENT SPINAL PARAPLEGIA.

Allegheny County, PA

In this action for premises liability, the plaintiff was performing

maintenance work for the defendants and was painting a 5th floor

balcony when the railing of the balcony gave way causing the

plaintiff to fall to the ground below suffering catastrophic injuries.

The defendants denied all allegations of negligence and maintained

that the actions of the plaintiff caused the incident and resulting

injuries.

On August 18, 2015, the defendants owned and controlled and were

performing repairs and reconstruction in an apartment on East Pittsburgh

Street, in Greensburg, Pennsylvania. The plaintiff was hired to repaint or

stain portions of the exterior of the building. While plaintiff was painting

the wooden railing of the deck on the 5th floor of the premises, the

wooden railing, balusters and spindles gave way and broke, causing him

to fall to the ground below.

The plaintiff alleged that the defendants were negligent in failing to ade-

quately protect plaintiff from dangers of serious and traumatic bodily in-

jury by providing adequate climbing assistant devices and fall protection

that would have prevented the incident, failing to adequately repair the

railings, balusters and spindles, which were subsequently dry rotted, cre-

ating a danger of giving out and breaking, failing to adequately repair

the railings, balusters and spindles which were characterized by knots

and other dangerous, hazardous and unsafe conditions of the wood,

which was of inferior grade and consistency and unsuitable for elevated

structures to prevent collapse and protect humans from falling, deviating

from the standard in failing to provide adequate fall protection and

other equipment. Consequently, the plaintiff suffered a fractured verte-

bra, coccyx fracture, fractured arm, fractured pelvis, fractured neck and

spine, broken ribs, concussion, spinal shock paralysis, permanent spinal

paraplegia, bowel and bladder dysfunction, severe neurogenic pain,

spasms and limitations, bruises, contusions, lacerations and broken

bones, nervousness, confusion, emotional tension, and anxiety and

severe and persistent pain.

The plaintiff died while this action was pending, and the case was contin-

ued by the plaintiff’s estate. The defendants argued that despite the

plaintiff’s suggestion that defendants knew of some danger with the bal-

cony railing, there is no truth to that argument. The balcony was safe, in

accordance with all standards and codes, and had been inspected

many times by both the owner of the property, as well as the City of

Greensburg. Furthermore, plaintiffs conduct was intentional and reckless,

and that recklessness trumps the false allegations of negligence being

asserted against the defendants. Additionally, the defense argued that

the plaintiff was under the influence of drugs and alcohol at the time of

the incident.

The parties settled their dispute for $100,000.

REFERENCE

The Estate of Robert Burke by Michael Burke vs. Jet One, LLC and David

Morrison. Case no. GD-17-05188; Judge Alan Hertzberg, 01-23-23.

Attorney for plaintiff: Peter Friday of Friday & Cox, LLC in Pittsburgh, PA.

Attorney for defendant: Paul R. Robinson of Meyer, Darragh, Buckler,

Bebenek & Eck, PLLC in Pittsburgh, PA.

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