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Monday, January 20, 2020

Man whose fingers were cut off while using excavator sues Case Construction, United Rentals

Federal Court

By Marian Johns | Dec 10, 2019

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Swartz

WILLIAMSPORT – A Pennsylvania man whose fingers were cut off while using excavator at a Pennsylvania Power & Light South Williamsport substation is suing the equipment manufacturer and distributor claiming negligence.

James Dziedzic and Kimberly Dziedzic filed a complaint  Nov. 26 in the U.S. District Court for the Middle District of Pennsylvania against United Rentals Inc., CNH Industrial America LLC, doing business as Case Construction, and John Does 1-20, alleging strict liability, negligence and breach of warranty.

The suit states James Dziedzic was working as a ground hand for Matrix NAC at the PP&L substation on Feb. 16. While operating an excavator manufactured and distributed, rented and leased by Case and United Rentals, he alleges his middle and ring fingers on his right hand were suddenly amputated when he attempted to remove the safety pin that secured an attachment to the equipment. 

The Dziedzics allege the defective design and manufacture of the excavator was the cause of his accident and injuries. 

The Dziedzics seek monetary relief of more than $150,000, a trial by jury and other just relief. They are represented by Brandon Swartz, Bryan Ferris and Maria McGinty-Ferris of Swartz Culleton PC in Newtown. 

U.S. District Court for the Middle District of Pennsylvania case number 4:19-CV-02030-MWB

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