Venue transfer sought in product liability suit by man left paraplegic after fall through outdoor deck railing

By Jon Campisi | Aug 24, 2012

Attorneys for a group of defendants being sued by a Norristown, Pa. man who claims he

was paralyzed two summers ago after falling through an outdoor deck railing at an acquaintance’s home in nearby Royersford have filed a removal notice with the U.S. District Court for the Eastern District of Pennsylvania seeking to transfer the litigation from the Philadelphia Court of Common Pleas to the federal venue.

Philadelphia attorney Donald M. Davis, of the firm Margolis Edelstein, filed his Notice of Removal Aug. 22 on behalf of clients Georgia Gulf Corp., The Home Depot and Royal Outdoor Products Inc.

The defendants were named in a product liability lawsuit filed late last month in state court by Feasterville, Pa. attorney Jeffrey I. Zimmerman on behalf of John Kevin Wanger, who claims he sustained severe and debilitating injuries back on Aug. 19, 2010, after he fell through a Vinyl Deck Railing Kit created, made, manufactured and sold by the defendants.

Wanger was visiting friends at a private home in Montgomery County at the time when he was pushed against the railing and fell to the ground below.

The device gave out and Wanger was caused to fall from the deck to the ground, suffering spinal cord compression that eventually led to him becoming a paraplegic, according to his complaint.

Wanger accuses the defendants of negligence, strict liability and breach of warranties.

His suit claims he will suffer physical pain, aches, mental anguish, humiliation and inconveniences for the remainder of his life.

In the removal notice, attorney Davis said the matter belongs in federal, not state, court since the amount in controversy exceeds the jurisdictional limit at the Court of Common Pleas.

Davis also asserts that the litigation should play out in U.S. District Court because there is diversity of citizenship among the various parties.

The original state court ID number was 120702774.

The new federal case number is 2:12-cv-04834-RB.

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