PHILADELPHIA – A New Jersey driver alleges he suffered serious and permanent injuries to his arm, shoulder, leg and spine, after falling from a tanker truck at a chemical and ingredient solutions distributor’s Berks County facility.
Christopher Disant of Carteret, N.J. filed suit in the Philadelphia County Court of Common Pleas on Oct. 9 versus Brenntag North American, Inc. and Brenntag Northeast, both of Reading.
The action was later removed to the U.S. District Court for the Eastern District of Pennsylvania on Oct. 22.
“On Dec. 11, 2018, plaintiff Christopher Disant was lawfully about the premise of the job site delivering chemicals to the defendants, utilizing a tanker trailer. Disant, while in the course and scope of his employment with Langer Transport Corporation was granted permission by defendants to access the top of his tanker trailer to close the dome lid,” the suit says.
“While plaintiff was working on the top of the tanker trailer, which has unprotected edges more than four feet from the ground, defendants negligently did not provide, mandate or ensure the plaintiff with a safe means to perform his work, mainly fall protection. While plaintiff was working on the tanker truck, his foot got caught and he fell backwards off the tanker trailer falling to the ground. The impact caused him to suffer serious and permanent injuries and damages.”
Disant alleges his injuries were caused by the negligent acts and omissions of the defendants.
“Disant sustained injuries to his head, right shoulder, back, body and limbs, his bones, cells, nerves, tissues, muscles and functions including, but not limited to acute comminuted fracture of the right coracoid scapular, Hill-Sachs deformity, anterior dislocation of right humerus, rotator cuff tear, full thickness tear of distal subscapularis tendon, derangement of posterior horn of the medial meniscus, chondromalacia of left knee, internal derangement of right knee, medial meniscal tear left knee, mild MCL sprain left knee, medial status post left knee arthroscopy, partial medial meniscectomy, partial synovectomy, status post right shoulder arthroscopy, labral debridement, rotator cuff repair, acromioplasty and bursectomy, thoracic compression fracture, L1 and L5 compression fractures, plantar fascial fibromatosis, and together with a severe shock to his nerves and nervous system,” per the suit.
For a counts of negligence, the plaintiff is seeking damages, jointly and/or severally, for a sum in excess of $50,000, plus delay damages, costs, interest and all other damages permitted by law.
The plaintiff is represented by Carin A. O’Donnell of Stark & Stark, in Yardley.
The defendant is represented by Jeffrey Colin Schwartz of Post & Schell, in Philadelphia.
U.S. District Court for the Eastern District of Pennsylvania case 5:20-cv-05281
Philadelphia County Court of Common Pleas case 201000603
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com