PHILADELPHIA – A lawsuit filed by a man whose leg allegedly was struck by and ripped into the rotating blades of a package winding machine on the job has been transferred to the Lancaster County Court of Common Pleas.
On Oct. 11, Philadelphia County Court of Common Pleas Judge Arnold L. New stipulated that Ryan Dougherty’s case against Reelex Packaging Solutions, Inc. would be sent to a Lancaster court, upon payment of transfer costs by the plaintiff.
Dougherty, of New Holland, first filed suit in the Philadelphia County Court of Common Pleas on June 14 versus Reelex (formerly known as “Windings, Inc.”) of Patterson, N.Y.
Reelex is in the business of designing, manufacturing, distributing, selling and/or supplying industrial cable winding machines and associated equipment, including but not limited to the Reelex Motorized Payoff System Model W10MT, Serial No. 01973.
On July 12, 2016, Dougherty was employed by Berk-tek, LLC in New Holland, and using the Reelex winding machine in question. Due to the alleged negligence of the defendant and the hazards posed by the equipment in question, plaintiff’s right leg was struck and ripped into by the unguarded rotating parts of the subject winding machine, causing plaintiff Ryan Dougherty to suffer personal injuries.
The injuries included lacerations to his right leg, nerve damage, complex regional pain syndrome and other injuries and sequelae thereof, the full extent of which are not yet known, all of which injuries are or may be permanent in nature, the suit says.
The plaintiff alleged that the defendant defectively designed and sold the winding machine, failed to warn of the hazard posed by the drive dog on the rotating reel and failed to place the operator control panel in an area free from hazard, among other charges.
On July 24, counsel for Reelex Packaging Solutions filed preliminary objections tied to improper venue, believing that the Lancaster County Court of Common Pleas should instead the case – as the plaintiff resides in that jurisdiction and the accident took place there, not to mention the fact that the defendant is based in Patterson, N.Y., far outside the jurisdiction of any Philadelphia court.
The transfer of the case to the Lancaster County court system was later approved.
For counts of negligence, strict liability and breach of warranties, the plaintiff is seeking damages in excess of $50,000, together with interest and costs of suit.
The plaintiff is represented by Debra A. Jensen and Bradley R. Smith of Galfand Berger, in Philadelphia.
The defendant is represented by Patrick J. Moran of William J. Ferren & Associates, in Hartford, Conn.
Philadelphia County Court of Common Pleas case 180601642
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com