The Herald, Sharon, Pa.

Local News

August 31, 2008

All 7 parties deny liability in wrongful death lawsuit

By Joe Pinchot

HERMITAGE — With pleadings this month by two parties, all seven defendants in a wrongful death lawsuit filed on behalf of a Pymatuning Township motorcyclist killed in a crash have answered the suit.

Winslow Engineering Inc., Hermitage, and Hermitage Senior Housing Limited Partnership, Kingston, Pa., denied liability, and filed cross-claims — as the other defendants had done — alleging the others were responsible.

Joan Klages, the wife and administratix of the estate of her husband, Earl L. Klages Jr., also has sued Mercer County Housing Authority, PennDOT, authority maintenance supervisor Timothy J. Swogger, and Broadway Associates, Brookfield.

Klages, 52, died May 8, 2007, after his motorcycle crashed into the authority snow plow attached to a pickup driven by Swogger.

Swogger, 51, of 87 Woodrow Court, Sharon, had started to turn left from Lamor Road in Hermitage onto Village Path — one of the entrances to Carol S. Gurrera Village — but stopped “a couple of feet” in the opposing lane when he saw Klages coming, police said. Klages hit the brakes and his motorcycle skidded into the plow. Swogger did not see any traffic when he started to turn, police said.

Winslow, engineer for the development, said the intersection “was approved and permitted by the appropriate governmental authorities,” and was “designed in accordance with all relevant, applicable and code-required design criteria.”

Winslow also said his firm “acted with all due care under the circumstance and properly performed its services.”

Hermitage Senior Housing Limited Partnership owns the development.

Swogger pleaded guilty in July to a left-turn violation and was fined $25 and costs.

Mrs. Klages is seeking compensation for medical, funeral and estate expenses and loss of her husband’s companionship and financial support, and unspecified damages. She sued on behalf of herself and his four daughters.

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