Man injured by falling excavator files lawsuit against contracting companies

By Nicholas Malfitano | Jul 20, 2017

PHILADELPHIA – A man severely injured by a falling track loader/excavator while stationed in his work vehicle has sued the entities whose carelessness and negligence he believes are responsible for the serious injuries he sustained in that accident.

Robert Purnell of Norristown, filed suit in the Philadelphia County Court of Common Pleas on July 6 versus Brubacher Excavating, Inc., Brubacher Management, Inc. and Brubacher Energy Services, Inc., all of Bowmansville, Joseph W. Davis, Inc. of Spring City and Isaac Enterprises Ltd., of Chester Springs.

“On or about Aug. 31, 2015, plaintiff [Robert] Purnell was sitting in his truck waiting for topsoil to be loaded into his truck. At the same time and place, an agent and/or employee of JWD and/or Isaac Enterprises was operating a track loader/excavator, loading topsoil from a pile into the truck operated by plaintiff. At the same time and place aforesaid, the track loader/excavator operated by JWD and/or Isaac Enterprises, slid down the pile of topsoil and violently crashed into the vehicle plaintiff was sitting in,” the complaint says.

In the process, Purnell claims he suffered injuries including, but not limited to, the following: lumbago, lumbar disc herniation, lumbar facet arthropathy, cervicalgia, cervical disc herniation and cervical lumbar strain, in addition to feeling persistent pain while sitting, standing and laying down, being unable to stand, walk or drive for any length of time without feeling pain, plus emotional and psychological injuries, per the litigation.

“The aforesaid accident was in no manner whatsoever caused by any act or failure to act on the part of plaintiff [Robert] Purnell, but was caused solely and exclusively by the carelessness and negligence of defendants. Defendants are jointly and severally liable for the injuries and damages alleged herein,” the complaint continues.

For a pair of counts of negligence, the plaintiff is seeking damages, jointly and severally, in excess of $50,000, plus interests and costs in this matter.

The plaintiff is represented by Robert J. Mongeluzzi, Andrew R. Duffy and Michael A. Budner of Saltz Mongeluzzi Barrett & Bendesky, in Philadelphia.

Philadelphia County Court of Common Pleas case 170700357

From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at

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