Nicholas Malfitano Jul. 24, 2015, 1:03pm


PHILADELPHIA – Citing a lack of connection to the Philadelphia area, defense lawyers believe a product liability lawsuit filed in the Philadelphia County Court of Common Pleas should instead be headed to its counterpart in Lebanon County.

Through their May 15 preliminary objections, defense counsel pointed out the lawsuit’s subject incident transpired in Lebanon County and none of the defendants were based or did business in Philadelphia County.

James Ciferni of Hammond, N.Y. filed suit in April against ESCO Technologies of Holliston, Mass., PPL Generation in Allentown and Teksolv in Newark, Del., in April, levying claims of strict liability against ESCO and negligence against PPL and Teksolv in connection with a severe accident taking place more than two years ago.

Ciferni, a union boilermaker by trade, was working at the PPL Ironwood facility in Lebanon on May 1, 2013, conducting pipe milling work. While walking from one assignment to another at the site, Ciferni cradled a Mini-Millhog milling machine in his arms. Without warning, the machine activated and drew Ciferni’s upper-left extremity into the machine.

Per the lawsuit, Ciferni suffered disfiguring, severe and disabling injuries to his upper extremities, both internally and externally, he said which prevented him from working and led him to lose primary earning power. 

Ciferni’s lawsuit said the device’s safety procedures and responsibility laid with Teksolv, while strict liability for the manufacture and design of the alleged unsafe and defective device rests with ESCO and negligence to ESCO and PPL.

The plaintiff is seeking judgment jointly and severally for compensatory damages in excess of $50,000, along with lawful interests, costs and other relief.

The plaintiff is represented by Frederic S. Eisenberg and Daniel J. Sherry, Jr., of Eisenberg, Rothweiler, Winkler, Eisenberg & Jeck, in Philadelphia.

The defendants are represented by Glenn M. Campbell of William J. Ferren & Associates in Blue Bell; Thane Trotman of The Law Offices Of J. Mark Pecci; and Andrew F. Susko, Luke A. Repici and Mark Paladino in Philadelphia.

Philadelphia County Court of Common Pleas case 150402312

From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nickpennrecord@gmail.com

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