Pennsylvania Record

Friday, September 20, 2019

Auto parts manufacturers face products liability claim by injured warehouse worker

By Jon Campisi | Dec 13, 2012

Two out-of-state companies that specialize in the manufacture of auto parts are being

sued by a Pennsylvania couple over claims that the husband, while in his capacity as a warehouse worker, became injured while unloading a box containing equipment made the defendants.

North American ATK Corp., of Grand Prarie, TX, and Chicago-based LKQ Corp. are named as defendants in a products liability complaint initiated by Michael and Diane Fenstermaker of Berks County, Pa.

The lawsuit, which was filed Dec. 10 at the Philadelphia Court of Common Pleas by Philadelphia attorney Peter M. Patton, of the firm Galfand Berger, states that on April 20, 2011, Michael Fenstermaker, who was employed by Advance Auto Parts as a warehouse worker, became injured while lifting a 147-pound box containing vehicle cylinder heads.

The suit says that the box was found to be “grossly overweight and hazardous.”

As a result of the incident, Fenstermaker ended up sustaining various bulging discs and disc herniations in his back, as well as injuries to his skin, bones, flesh, nerves and tendons, the complaint alleges.

The plaintiff has also suffered from scarring, deformity, pain, humiliation, embarrassment, disfigurement, loss of well-being, and he has experienced severe restrictions on his ability to engage in normal activities, the suit states.

Fenstermaker has also had to spend money on medical care and treatment as well as rehabilitative care.

The lawsuit accuses the defendants of failing to design, manufacture, sell, package and ship the cylinder heads with due care; failing to provide proper and adequate handling devices in the box so as to create no unnecessary risk of injury to intended handlers; failing to warn of the dangers in the use, handling, movement, carrying and transporting of the cylinder heads; failing to provide proper and adequate instructions; grossly overloading the box in which the cylinder heads were placed; and other acts of negligence.

There is also a loss of consortium count filed on behalf of Fenstermaker’s wife, who claims her husband’s injuries affected the couple’s relationship.

The plaintiffs seek damages in excess of $50,000, plus interest and costs.


The case ID number is 121201084. 

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