Woods vs Bates etal
- Court: Pennsylvania State, Court of Common Pleas, Allegheny County, Civil Division
- Case number: GD-22-012375
- Filed: Sept. 29, 2022
- Judge: Hertzberg Alan D.
- Case type: General Docket; Other Tort
Parties Involved
- Plaintiff: William Woods
- Counsel for Plaintiff: Marc I. Simon | Ryan M. Flaherty
- Defendant: Busy Beaver Building Centers Inc. | Chris Bates |True Value Company, LLC | Partners 3, LLC | Partners 3, LLC DBA LANDOLF T P SEP PR
- Counsel for Defendant: Edward Richard Alo | Elizabeth A. Collura
Verdict Information
- Verdict date: April 3, 2024
- Total damages awarded to the Plaintiff: $0.00
About the Case
Cause
Plaintiff William Woods was a resident and citizen of Pennsylvania. Defendant Chris Bates, also a Pennsylvania citizen, resided at the owned, leased, or was otherwise responsible for the property at 2640 Ellwood Road, New Castle, PA 16101. Defendant Busy Beaver Building Centers, Inc., registered to do business in Pennsylvania with its principal place of business at the listed address, similarly held responsibility for the property at 2640 Ellwood Road.
On May 7, 2022, at around 11:00 AM, Woods was legally on the defendants’ premises as a business invitee or licensee. The defendants, individually and collectively, through their agents and employees, had a duty to maintain the premises safely for lawful visitors, including Woods. While on the property, Woods tripped and fell on a wooden pallet protruding into an aisle, resulting in serious and permanent injuries.
At the time and for a period prior, the defendants knew or should have known about the hazardous conditions but negligently allowed it to persist. Their negligence included failing to design, construct, maintain, or repair the premises and associated areas, such as sidewalks and walkways, making them unsafe for visitors. They also failed to properly monitor, inspect, or clean the premises to identify and address dangers. Additionally, they did not provide adequate warnings about foreseeable defects, erect barricades, or block off dangerous areas. The defendants neglected to exercise reasonable care given the foreseeable risks, resulting in Woods’ injuries due to their failure to inspect, maintain, or repair known or unknown defects and prevent or remove hazardous conditions.
Injury
The defendants’ negligence directly caused the hazardous conditions on the premises, leading to the plaintiff’s fall and resulting in serious injuries to his shoulder and right elbow. These injuries, some potentially permanent, caused significant financial loss, ongoing pain, sickness, and embarrassment for the plaintiff. Additionally, the plaintiff suffered permanent scarring and disfigurement. The negligence also led to emotional injuries, compounding the physical harm. Consequently, the plaintiff experienced a loss of earnings and earning capacity. Furthermore, he has incurred or will incur substantial medical, rehabilitative, and related expenses due to these injuries and losses.
Damages
Plaintiff William Woods demanded judgment in his favor against all the defendants individually, seeking more than $75,000. He also requested the court to grant all costs and any other relief it deemed just.
Jury Verdict
On April 3, 2024, a Pennsylvania jury rendered the verdict in favor of the Defendant. The jury found that the Defendant, Busy Beaver Building Centers, Inc. had been negligent but the Plaintiff was found to be negligent as well. The jury accordingly attributed 75% of negligence to William Woods and 25% of negligence to the Defendant. Since the jury had held William Wood’s percentage of negligence to be grater than 50%, he was not entitled to recover any damages from the Defendant.
Court Documents:
Available upon request
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