Parties agree to halt railing repair near Duquesne Incline where man fell to his death

The owners of the Station Square property where a man fell to his death earlier this month agreed on Tuesday to halt construction on a new railing for at least a week so that experts retained by his family can examine the railing that they believe failed.

Brandon James Boburka, 22, of Coraopolis leaned against the railing about 4:20 a.m. on May 16, but his family said the railing gave way, and Boburka fell to the gravel parking lot below the lower station of the Duquesne incline and died.

On Friday, upon learning that the railing was being replaced, attorney Michael Zagari, who represents Boburka’s parents, filed a motion for an emergency injunction against the owners of Station Square — Brookfield Properties — as well as the City of Pittsburgh, Port Authority of Allegheny County and PennDOT. It sought to halt the replacement of the railing so that evidence for any future lawsuit would not be destroyed.

Allegheny County Common Pleas Judge Alan D. Hertzberg entered an order that day halting any further construction or alteration on that railing to protect the evidence — particularly the railing and any of the concrete from which it detached — until there could be a hearing on the issue.

That hearing was scheduled for Tuesday afternoon, however, the parties reached an agreement, extending the initial order for seven days to allow experts for all parties to examine the railing.

Zagari said his expert will look at rust on the railing, the concrete that held it in place, as well as its structural integrity.

“Outside of the obvious visual defects to the railing, we want to uncover everything we possibly can to get an expert opinion on its true condition,” Zagari said.

In addition, the order contains two additional provisions. First, it allows Brookfield Properties, which owns Station Square, to continue to fabricate a new railing provided that it is done off-site. And it also allows for the original railing to be preserved and moved to a storage container nearby.

Zagari said that witness statements show that Boburka was leaning against the railing while he waited for an Uber early that morning when it broke.

“What we hope to find upon expert review of this railing is how could it have gotten in such deplorable condition and how was it missed for so long,” Zagari said. “What we hope to find ultimately is justice for his family.”