PHILADELPHIA – A construction laborer who allegedly suffered traumatic brain injury after being struck in the head by an excavator at a job site is pursuing damages in state court.

Robert Toner of Philadelphia filed suit in the Philadelphia County Court of Common Pleas on Jan. 24 versus Carson Concrete Corporation, of Boothwyn.

“On or about Feb. 15, 2016, plaintiff Robert Toner, while properly and lawfully working within the course and scope of his employment, was walking in the designated walkway area when the counter weight of an excavator swung and struck him in the head, causing his serious injuries due to the negligence of the defendant,” the complaint reads.

Toner claims to have sustained a number of serious and permanent injuries from the excavator accident, including: Traumatic brain injury, headaches, dizziness, neck pain which radiates to his shoulders with numbness of his left hand, cervical sprain/strain, lumbar sprain/strain, left knee sprain/strain, cervical radiculopathy secondary to disk osteophyte complexes from C5 through C7 vertebrae and multi-level degenerative disc disease.

Toner charges the defendant with failing to provide him with a safe place in which to work, failing to adequately inspect the construction site for hazardous conditions and failing to properly supervise the construction work, among a long list of other charges.

For a count of negligence, the plaintiff is seeking compensatory damages in excess of $50,000, exclusive of interest, costs and delay damages.

The plaintiff is represented by Brian E. Fritz and Kristy E. McCabe of Fritz Goldenberg & Bianculli, in Philadelphia.

Philadelphia County Court of Common Pleas case 180103963

From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at

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Philadelphia County Court of Common Pleas

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