WILLIAMSPORT – An equipment manufacturer and distributor has obtained a protective order and confidentiality agreement governing the sharing of proprietary business information, in connection with a lawsuit from a Pennsylvania man whose fingers were cut off while using an excavator at a Pennsylvania Power & Light South Williamsport substation.
On May 4, CNH Industrial America filed an unopposed motion for a protective order, one which sought to shield the dissemination of any private business information or trade secrets relating to it in the course of litigation.
“Certain documents and testimony that the parties intend on producing in discovery contain confidential information, trade secrets and/or commercially sensitive material, the uncontrolled dissemination of which would materially and detrimentally impact the producing parties,” the motion read.
“Accordingly, the parties entered into a stipulated non-sharing protective order and confidentiality agreement to guard against the uncontrolled and unauthorized dissemination of confidential information, trade secrets and/or commercially sensitive material produced by the parties in this case. In order to ensure that this Honorable Court has the power to enforce all terms contained within the parties’ stipulated non-sharing PO/CA, CNH (with the consent of all counsel) respectfully requests that the Court enter the attached proposed order.”
The following day, U.S. District Court Judge Matthew W. Brann granted the motion.
James Dziedzic and Kimberly Dziedzic initially filed a complaint on 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.
The suit stated James Dziedzic was working as a ground hand for Matrix NAC at the PP&L substation on Feb. 16, 2019.
While operating an excavator manufactured and distributed, rented and leased by Case Construction and United Rentals, he alleged 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 alleged the design and manufacture of the excavator was the cause of his accident and injuries.
On Feb. 4, United Rentals filed an answer to the Dziedzics’ complaint, denying their allegations, asserting many affirmative defenses and a cross-claim against Case Construction.
“The plaintiffs’ complaint fails to state a claim upon which relief can be granted, and defendant, United Rentals, reserves the right to move to dismiss and/or to move for summary judgment. Defendant, United Rentals, did not design and/or manufacture the subject excavator and/or its component parts,” the answer read, in part.
“The subject excavator and/or its component parts were neither defective nor unsafe for consumer use. To the extent the subject excavator was substantially changed or altered, there can be no liability against defendant, United Rentals.”
Furthermore, United Rentals argued the subject excavator conformed to, and was designed and manufactured in accordance with, the state of knowledge and/or art that existed at that time, and complied with all applicable statutes, government regulations, and/or industry standards.
On March 3, Case Construction also filed an answer to the complaint, denying the charges and asserting 17 separate affirmative defenses.
“The complaint fails to state a cause of action upon which relief can be granted. Plaintiffs are barred from recovery in whole or in part because plaintiffs’ alleged damages were caused by their own conduct. The damages alleged to be at issue were caused by the conduct of third parties over whom answering defendant did not exercise any dominion or control,” according to Care Construction.
“Plaintiffs’ claims may be barred by spoliation of evidence. Plaintiffs failed to mitigate their damages. Plaintiffs’ claims are barred in whole or in part by the doctrine of waiver/consent, laches, and estoppel. Plaintiffs’ claims may be barred in whole or in part by the doctrine of res judicata/collateral estoppel.”
For counts of strict liability, negligence and breach of warranty, the plaintiffs seek monetary relief of more than $150,000, other just relief and a trial by jury.
The plaintiffs are represented by Brandon Swartz, Bryan Ferris and Maria McGinty-Ferris of Swartz Culleton, in Newtown.
The defendants are represented by Adam L. Seiferth of Cipriani & Werner in Lemoyne, plus Kristen E. Dennison of Littleton Park Joyce Ughetta & Kelly, in Radnor.
U.S. District Court for the Middle District of Pennsylvania case 4:19-cv-02030
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com