HARRISBURG — A lift operator is suing Phil Brown Welding Corp., a Michigan corporation, citing alleged breach of express and implied warranties.
Eligio Yepez filed a complaint on Jan. 9 in the U.S. District Court for the Middle District of Pennsylvania against Phil Brown Welding Corp., alleging it negligently designed and manufactured the defective and unreasonably dangerous Brownie lift.
According to the complaint, the plaintiff alleges that on Feb. 6, 2018, he was operating a Brownie lift when it suddenly and without warning violently swung at an excessive rate of speed, causing it to overturn and fall.
Allegedly, he suffered serious injuries, including but not limited to a burst fracture of his lumbar spine at L4 and a compression fracture of his lumbar spine at L1-2, which both required surgery and implants. The plaintiff holds Phil Brown Welding Corp. responsible because the defendant allegedly failed to use anchors or counterweights to prevent the lift from overturning and failed to provide sufficient warnings of the lift's deficiencies and defects.
The plaintiff seeks judgment in his favor in an amount in excess of $75,000, with interest, costs and such other just and appropriate relief. He is represented by James Golkow of Golkow Hessel LLC in Philadelphia.
The U.S. District Court for the Middle District of Pennsylvania Case No. is 1:19-cv-00044-JEJ.