Orbin v. The City of Pittsburgh 

Defense Verdict

Date of Verdict: May 29.

Court and Case No.: C.P. Allegheny No. GD-16-008683.

Judge: John T. McVay Jr.

Type of Action: Premises liability.

Injuries: Hip fracture, pelvis injury.

Plaintiffs Counsel: Kevin R. Lomupo, Gilardi, Oliver & Lomupo, Pittsburgh.

Plaintiffs Expert: Gary S. Gruen, orthopedic surgery, Pittsburgh.

Defense Counsel: Matthew E. Orie, City of Pittsburgh Department of Law, Pittsburgh.

Defense Expert: Victor R. Prisk, orthopedic surgery; Monroeville.

Comment:

On May 16, 2015, plaintiff Clarence Orbin, 74, a bus driver, was bicycling on River Avenue, near David McCullough Bridge, in Pittsburgh. Upon encountering a railroad spur, he fell off of the bicycle. He suffered injuries of a hip and his pelvis.

Orbin sued the city of Pittsburgh and the adjoining premises' owner, Bay Valley Foods LLC. He alleged that the defendants negligently created a dangerous condition that caused the accident. Orbin settled with Bay Valley Foods for an undisclosed amount prior to trial. The case proceeded against the city.

According to Orbin, as he approached a railroad spur on the street, he came into contact with a raised rubber plate, one of several rubber plates that had been placed between and alongside the railroad tracks. Orbin claimed that the rubber plates raised in certain areas over time, likely because of inclement weather. Orbin's counsel asserted that the city negligently allowed the plates to remain in a dangerous and hazardous condition when it knew or should have known the plates constituted a hazard.

The defense maintained that the city had never received a complaint regarding the railroad spur at issue and, therefore, that the city could not be held liable. The defense contended that, since the city did not have notice of the alleged dangerous condition prior to the event, it was unable to have taken the measures necessary to prevent the accident.

The defense also asserted that Orbin was at fault. The defense cited Orbin's deposition testimony, in which he stated that he failed to see the railroad spur, which crosses the entirety of River Avenue, prior to impacting it. The defense said this was because he was looking to the right for an entrance of a nearby trail and that Orbin was not keeping a proper lookout for the conditions of the roadway. The defense further maintained that any liability should also be found against Bay Valley Foods, since it owned the property where Orbin fell and was responsible for maintaining it properly.

Orbin was taken by ambulance to a hospital and diagnosed with pelvis and hip fractures. He suffered a nondisplaced intra-articular left acetabulum fracture, with nondisplaced inferior and superior rami fractures of the pelvis. Orbin was fitted with a brace and discharged.

Through June 12, 2015, Orbin received in-home nursing care that included physical and occupational therapy. During that time, he relied on a wheelchair and a walker and consulted with an orthopedic surgeon. Orbin wore the brace for 10 weeks and continued to do home exercises and to follow up with his physician through August 2015.

Orbin claimed that, in the spring of 2018, he developed worsening lower back pain, which caused him to see a chiropractor for a month. He also consulted with his primary care physician, who prescribed pain medication. Orbin had undergone fusion of his spine's L4-5 level in 2013, and he claimed that the accident aggravated the pre-existing lumbar condition. No further treatment was administered.

Orbin's orthopedic surgeon opined that the accident caused Orbin to suffer arthritis in his left hip and an aggravation of his pre-existing back condition. The orthopedist stated that Orbin suffered permanent injuries to his hip and lower back.

Orbin testified that he experiences pain in his left hip and lower back almost daily. He claimed that this prevents him from running and from riding his bicycle. Orbin sought $25,511.46 in medical costs. He also sought to recover lost wages, having missed eight weeks of work at the rate of $80 a day. Orbin further sought damages for past and future pain and suffering.

The defense's expert in orthopedic surgery examined Orbin and testified that Orbin made a full recovery from his hip and pelvis fractures, without complication, residual deficits or disability. As for Orbin's alleged back pain, the expert attributed Orbin's complaints to his prior lumbar condition, which had been treated surgically.

The jury rendered a defense verdict. The jury found no liability on the party the city of Pittsburgh, Bay Valley Foods or Orbin.

This report is based on information that was provided by plaintiffs and defense counsel.

—This report first appeared in VerdictSearch, an ALM publication