SCRANTON – A man whose right hand was mutilated as a result of an allegedly-faulty log splitting machine has sued the manufacturer of the device, in addition to the property owners who provided him with the equipment when the accident occurred.
Elduvin Benitez of Philadelphia initially filed suit in the Philadelphia County Court of Common Pleas on Dec. 21 versus Timberwolf Manufacturing Corporation of Rutland, Vt., and Joan Buranich, John Buranich Jr. and John Buranich IV, all of Clarks Summit.
Though first filed in Philadelphia through an attempt to tie in the case through Pennsylvania’s Long Arm Statute, the action was later transferred to the Lackawanna County Court of Common Pleas on April 13.
Benitez claims the defendants provided him with a Timberwolf-brand TW-3 log splitter for use on Jan. 21, 2016. The log splitter was activated by a single-hand control, to enable its user to operate the device with only one hand and use the other hand to steady the log being split. Benitez added he was also provided a tractor to use by the Buranich defendants on the day in question, to use in conjunction with the log splitter.
The plaintiff claims the log splitter was unsafe and defectively-designed due to not having proper guarding, hand controls, safety features and operator presence-sensing control, thereby violating industry safety standards for such a device – and therefore, these design flaws combined to inflict “grievous physical injuries” to Benitez’s right hand, which left him with “horrific disfigurement.”
Benitez suffered traumatic crush, laceration and amputation injuries, which include mangling, mutilation and disfigurement injuries, traumatic and resultant amputation of all five digits of plaintiff’s right dominant hand, other bodily injuries, scarring and further disfigurement, pain, mental anguish and suffering.
Further, Benitez claims Timberwolf Manufacturing was named in several other product liability actions filed in Philadelphia and Pittsburgh state and federal courtrooms.
For counts of strict liability, breaches of warranty and negligence against Timberwolf, the plaintiff is seeking compensatory damages in excess of $150,000, plus punitive damages, interest, costs and delay damages. Benitez seeks the same amount, jointly and severally, from the Buranich defendants, minus punitive damages.
The plaintiff is represented by Arthur L. Bugay of Galfand Berger, in Philadelphia.
The defendants are represented by Kevin C. McNamara of Thomas Thomas & Hafer in Harrisburg, plus Brian P. Corcoran and Joseph Patrick Reilly of Reilly Janiczek & McDevitt, in Philadelphia and Dresher.
Lackawanna County Court of Common Pleas case 2018-03046
Philadelphia County Court of Common Pleas case 171203240
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nickpennrecord@gmail.com