ALLENTOWN – A Lehigh County couple have launched litigation against a manufacturer of equipment for coil coating used in metals processing, arguing its negligence led to the husband-plaintiff’s serious injuries at work.
Mark Birch and Crystal Birch of Coopersburg filed suit in the U.S. District Court for the Eastern District of Pennsylvania on June 2 versus GFG Peabody, Inc., of Sussex, Wis.
Mark Birch was employed by Vorteq Coil Finishers in Allentown and the suit says prior to July 24, 2019, Vorteq purchased an S-Wrap Finisher Coater believed to be Model No: S3(RT)/S3(AR) 3060 HD from GFG Peabody.
That day, Birch was at work and using the device, when he observed the presence of a chemical on the top of a metal structural member that was deposited there during the intended use of the product, the suit says.
“Plaintiff attempted to clean the aforesaid chemical from the metal structural member while the product was in forward code with a small a rag, and his left upper extremity entered the space between the metal structural member and the applicator roll and was pulled through the space and down into the nip point by the rotation of the applicator roll, which pulled his left upper extremity into the nip point hazard, causing plaintiff(s) to suffer the injuries and damages,” the suit states.
“Plaintiff was caused to suffer injuries, all of which are or may be permanent in nature, to his bones, joints, muscles, tendons, blood vessels and soft tissues throughout his entire body, both internally and externally, including, but not limited to severe crush and amputation injuries to his left upper extremity and shoulder.”
The plaintiffs believe the defendant defectively designed and sold the finisher coater product, without warning of the possible dangers associated with its use.
For counts of negligence, strict liability, breach of warranty, the plaintiffs are each individually seeking damages in excess of $150,000, plus interest, delay damages and costs of suit.
The plaintiffs are represented by Mark K. Altemose of Cohen & Feeley, in Bethlehem.
The defendant has not yet secured legal counsel.
U.S. District Court for the Eastern District of Pennsylvania case 5:20-cv-02592
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com