JOHNSTOWN – The mother of a young Pennsylvania man killed in a work-related incident with a trash truck argues that the truck company’s attempt to dismiss her wrongful death lawsuit is based in error.
Janice R. Miller (individually and as administratrix of the Estate of Barry Jacob Miller) of Summerhill filed suit in the Cambria County Court of Common Pleas on March 31 against The Heil Co. (doing business as “Heil Environmental”) and Environmental Solutions Group, LLC of Chattanooga, Tenn., and Dover Corporation of Downers Grove, Ill.
The litigation was removed to the U.S. District Court for the Western District of Pennsylvania on May 13.
On July 2, 2018, the decedent, 19-year-old Barry Jacob Miller, was performing his job duties as an employee of Pro Disposal, a waste collection company. Early that morning, Barry and his co-workers were unloading a dumpster at a property in Johnstown.
The truck being used had a container lifting system which included a wire cable and hook, which attached to the rear of the dumpster in order to raise and lower the dumpster during the collection process. While in the process of raising and/or lowering the dumpster, Barry was operating the lifting system controls on the passenger side of the vehicle, adjacent to the garbage truck’s hopper.
“While the dumpster was in a raised position on the rear of the subject garbage truck, the truck’s wire cable came out of, elevated above or otherwise escaped the container lifting system’s cable guide and the dumpster swung and/or rotated to the passenger side of the garbage truck, pinning Barry Miller between the dumpster and the passenger side of the subject garbage truck,” according to the lawsuit.
“As a direct result of being pinned between the dumpster and the subject garbage truck, Barry Miller sustained serious injuries that ultimately caused his death.”
The suit adds the defendants should have known that the subject garbage truck was faulty and defective in its container lifting control system, and acted to reduce or eliminate the container swing hazard from its design.
Heil Co. moved to dismiss the lawsuit on May 18, arguing the plaintiff failed to state claims upon which relief could be granted in reference to the warranty claims listed in the lawsuit, and that Paragraph 30 supposedly contains “catch-all” language as to the garbage truck’s alleged mechanical defects, that lacks the requisite specificity needed to adequately prepare a defense.
On June 8, Miller responded to the dismissal motion, calling it “flawed.”
“[The motion] must fail because: (1) Defendant mischaracterizes both the law and the pleading requirements of plaintiff’s breach of warranty claim; (2) Plaintiff’s complaint meets and exceeds the applicable pleading standard; and (3) Plaintiff’s factual allegations in each and every paragraph criticized by defendant are articulate, informative, and possess the necessary language to provide Heil with ample information to understand plaintiff’s claims, theories of liability, and damages,” per Miller’s response.
Miller added that Federal Rule of Civil Procedure 12(e) does not provide the relief Heil seeks and for that reason alone, its motion to strike must be denied.
“But further, defendant Heil once again seeks to impose a pleading standard on plaintiff that simply has no legal basis,” counsel for Miller argued.
Miller’s counsel asserted Heil’s dismissal motion should be thrown out and the company should provide a proper answer to the complaint within 14 days.
For counts of negligence, strict liability, breach of warranty, wrongful death and survival, the plaintiff is seeking damages in excess of the arbitration limits of the Court, plus interests and costs.
The plaintiff is represented by Bradley R. Smith and Debra A. Jensen of Galfand Berger, in Philadelphia.
Defendant Heil Co. is represented by Walter H. Swayze III of Lewis Brisbois Bisgaard & Smith, in Wayne.
U.S. District Court for the Western District of Pennsylvania case 3:20-cv-00091
Cambria County Court of Common Pleas case 2020-1534
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com