PITTSBURGH – A Western Pennsylvania couple alleges that a pair of Chinese manufacturers defectively produced a machine used for cutting sheet metal, resulting in the husband-plaintiff losing his right thumb in the machine at work.
Keith Torboli and Laurie Torboli of Monongahela filed suit in the Allegheny County Court of Common Pleas on July 14 versus Jinye (Wuxi) Complete Set of Equipment Co. Ltd. (also known as “Wuxi Jinye Complete Set of Equipment Co. Ltd.”) and Wuxi Jinye Hydraulic Pneumatic Complete Set of Equipment Co. Ltd., both of Wuxi Jiagsu, China.
“On or about Oct. 21, 2021, the plaintiff Keith Torboli was in the process of operating a slitting line machine used for cutting sheet metal [at his employer Ameri-Precision Metals of Bethel Park], when his right thumb was pulled into the head of the machine, causing a degloving injury to his right thumb. At all times relevant hereto, plaintiff Keith Torboli acted with all due care and regard for his own safety and well-being while operating the machine,” the suit states.
“As a result of the incident described above, plaintiff Keith Torboli sustained the following injuries, all of which are or may be permanent in nature: a) Avulsion amputation of the right thumb at the IP joint; b) Significant soft tissue injury to the right thumb with exposed bone at the distal end and c) Other possible serious and/or permanent injuries.”
The suit continues the machine was “being operated or used in the manner prescribed by defendants Jinye Complete and/or Jinye Hydraulic, and for the foreseeable and intended purpose for which it was designed, manufactured and sold by defendants Jinye Complete and/or Jinye Hydraulic.”
“At the time of the incident described above, the machine was not equipped with guards to prevent plaintiff Keith Torboli’s hand and thumb from coming into contact with the machine head. It is believed and therefore averred that the machine was designed and manufactured by defendants Jinye Complete and/or Jinye Hydraulic without guards that would prevent an operator’s hand from coming into contact with the machine head and the machine was not equipped with such guards when the machine left defendants’ possession,” the suit says.
“It is believed and therefore averred that the machine reached the user without substantial change in the condition in which it was sold by defendants Jinye Complete and/or Jinye Hydraulic. In the alternative, it is averred, that if the machine was designed and manufactured with guards to prevent the operators hand and thumb from contacting the machine head, said guards were removed prior to Oct. 21, 2021.”
For counts of negligence, strict liability, breach of implied warranty of merchantability and warranty fitness for a particular purpose and loss of consortium, the plaintiffs are seeking damages in excess of the arbitration limits of this Court, plus costs and interest.
The plaintiffs are represented by Richard C. Levine of Ainsman Levine, in Pittsburgh.
The defendants have not yet obtained legal counsel.
Allegheny County Court of Common Pleas case GD-23-008618
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com