Pennsylvania Record

Wednesday, October 16, 2019

Woman sues maker of excavator that allegedly malfunctioned, killed her husband

State Court

By Carrie Bradon | Aug 26, 2019

Allegheny County Courthouse

PITTSBURGH — The wife of a man allegedly killed by a malfunctioning excavator has filed a lawsuit against the machine's manufacturer.

Kathy Grills, on behalf of herself and the estate of her husband, Timothy Grills, filed the complaint Aug. 8 in the Allegheny County Court of Common Pleas against Cleveland Brothers Equipment Co., Inc and Cleveland Brothers Holding Inc., dba Cleveland Brothers, alleging negligence and wrongful death.

According to the complaint, the excavator in question had been delivered to Aarcon Enterprises by Cleveland Brothers with the intention of removing an internal counterweight prior to its use. Timothy Grills, working for Aarcon Enterprises, was tasked with completing the removal of the counterweight and applying a clear finish to the machine, the suit says.

Various bolts had already been removed or loosened, leaving the machine in a dangerous state, the lawsuit said. When Grills went to remove the final bolts, the counterweight broke free and crushed him, killing him at the scene, the suit says.

Kathy Grills is seeking damages above $50,000, attorney fees and court costs. The plaintiff is represented by Patrick C. Timoney of Devine Timoney Law Group in Blue Bell.

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Court of Common Pleas of Allegheny County

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