PHILADELPHIA – A Wilmington, Del., couple have initiated litigation against an engineering company they say manufactured a defective hand-held power tool, which had a blade that catastrophically injured one of the plaintiffs last year.
Michael Francisco and Christina Francisco filed suit on Feb. 6 in the Philadelphia County Court of Common Pleas, versus Hilti Engineering Corporation of North America, Hilti Of America, Inc., Hilti Holdings, Ltd., Hilti Industries, Inc. and Hilti, Inc., also all of Wilmington, Del.
“On Aug. 11, 2016, Mr. Francisco was using the subject product to cut pipe while he was present at a construction worksite, and while he was working within the course and scope of his employment. As Mr. Francisco attempted to use the subject product, its defective and unreasonably dangerous condition resulted in the subject product experiencing a sudden and uncontrollable “kick-back” which, in turn, caused the rotating saw blade to strike Mr. Francisco in the face and neck region,” the lawsuit reads.
The plaintiffs say the defendants designed and manufactured a defective device for market sale, which was solely responsible for causing Michael’s “severe, permanent and disfiguring” catastrophic injuries to his face and head.
For counts of strict liability, negligence and loss of consortium (on behalf of Christina), the plaintiffs are seeking damages, jointly and severally, in excess of $50,000, plus compensatory damages, interest, costs and other relief.
The plaintiffs further seek a trial by jury in this matter.
The plaintiffs are represented by Fredric S. Eisenberg and Daniel J. Sherry Jr. of Eisenberg Rothweiler Winkler Eisenberg & Jeck, in Philadelphia.
Philadelphia County Court of Common Pleas case 170200234
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at firstname.lastname@example.org