PHILADELPHIA – A lawsuit filed by a man who suffered blisters and rashes allegedly as a result of chemical exposure at a manufacturing plant has been transferred to the Berks County Court of Common Pleas.
On Oct. 25, Philadelphia County Court of Common Pleas Judge Shelley Robins-New ruled that Michael Brehony’s case against MinusNine Technologies, Inc. would be sent to a Berks court, through joint stipulation by both parties.
Brehony of Reading first filed suit in the Philadelphia County Court of Common Pleas on July 16 versus MinusNine Technologies, Inc. of Birdsboro.
“On June 20, 2017, plaintiff was hired by, and was working for, Express Employment Professionals for a job at defendant’s facility. At this location, people worked with chemicals supplied by, and at the request of, defendant MinusNine. Additionally, people were experiencing blisters, burns, outbreaks and injuries due to exposure to these chemicals. Nonetheless, plaintiff was not provided with clothing or equipment to guard himself of the chemicals and was not warned of the dangerous condition by MinusNine,” the suit reads.
“Starting on June 20, plaintiff was exposed to dangerous chemicals at the site and sustained burn markings on his lower back and a rash on his elbow the next day. Within the next week, these blisters spread throughout his body, including his back, abdomen, knees and arms. On July 10, the blisters and rashes would spread to his face. To date, plaintiff still has rashes on his body, including his face. To date, defendant has refused to provide the information within its possession, which would enable plaintiff to identify the exact chemical(s) that caused plaintiff’s injuries.”
As a result of the defendant’s negligence through failing to inspect the premises to remediate dangerous conditions or have proper policies in place regarding harmful chemicals and the inspection, maintenance and safety therefrom, among other violations, Brehony says he suffered facial disfigurement, rash and blisters over his body, contact dermatitis, lentigo, cherry angiomas, actinic damage, pruritis, rosacea and other injuries.
On Aug. 6, counsel for the defendant filed preliminary objections against Brehony’s complaint specifically tied to improper venue, arguing the subject incident took place at the defendant’s manufacturing plant in Birdsboro, located in Berks County, and that the defendant has no property, ties, sales territory or connection to Philadelphia County.
The plaintiff’s counsel replied on Aug. 27, denying all of the defendant’s preliminary objections and asking they be overruled by the presiding judge, or alternatively, that oral argument take place, as well as the opportunity to conduct discovery and supply a supplemental brief pursuant to Deyarmin v. Consolidated Rail Corp.
For a lone count of negligence, the plaintiff is seeking compensatory damages in excess of $50,000, plus interest and costs, such further relief as the Court deems appropriate, including delay damages.
The plaintiff is represented by James J. McEldrew III and Jordan L. Strokovsky of McEldrew Law, in Philadelphia.
The defendants are represented by Kaitlin M. Gurney, Christopher J. Moran Sr. and Brian H. Callaway of Pepper Hamilton, also in Philadelphia.
Philadelphia County Court of Common Pleas case 171201179
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com