PHILADELPHIA – A maintenance service company facing a lawsuit over allegations of breach of warranty filed a notice of removal in the U.S. District Court of the Eastern District of Pennsylvania on July 19.
Raven Services JC LLC sough to remove Joseph Pagano’s case from the Philadelphia County Court of Common Pleas to the federal court. It noted Pagano is resident of Reading while Raven Services has its principal place of business in Virginia, creating a diversity of citizenship. It also said Pagano is suing for more than the allotted amount in the jurisdiction of $75,000.
Pagano, who was a security worker for Akal Security Inc. at the federal courthouse in Philadelphia, sued in June after a security barrier allegedly went awry and hit him in March 2017, causing permanent injuries. He accused Raven Services of negligence, strict liability and breach of warranty.
"Plaintiff believes and there avers, that defendant, Raven Services JV LLC, had actual and/or constructive knowledge of a dangerous and/or defective structure and/or operational condition of these barricades that would interfere with safe operation and maintenance,” according to the lawsuit.
He also accused Raven Services of strict liability, stating that Raven was behind the design, engineering, manufacturing and more of the device in question.
“The subject product was defective, unsafe, and dangerous as designed, engineered, manufactured, assembled, and sold by defendant,” the lawsuit states.
As for the breach of warranty claim, he alleged Raven Services falsely represented the product as safe when it comes to express and implied warranties.
“As a direct and proximate result of the aforementioned breach of warranties, plaintiff sustained the [previously mentioned] injuries and damages,” the lawsuit states.
Pagano is represented by Arthur G. Girton. Raven Services is represented by Brendan M. Howton of William J. Gerren & Associates in Hartford, Connecticut.
U.S. District Court of the Eastern District of Pennsylvania case number 5:19-cv-03160