PHILADELPHIA – A wrapping device manufacturer argues that a woman suing it for liability connected to her severe hand injuries was instead contributorily negligent and responsible for her own accident using the wrapper.
Traci Weber of Franklinville, N.J. first filed suit in the Philadelphia County Court of Common Pleas on June 26 versus Campbell Wrapper Corporation, of De Pere, Wis. The suit was removed to the U.S. District Court for the Eastern District of Pennsylvania on July 9.
The litigation stated Weber was required to use a wrap machine which did not contain the proper safeguards on July 30, 2018. As a result, she significantly injured her hand due to the “defective and unsafe wrap machine.”
The injuries required surgery to correct and caused permanent scarring and disfigurement, the suit said.
The plaintiff asserted that the defendant was negligent in failing to design the machine safely, allowing the wrap machine to be sold in a defective condition and failing to warn the user of the device’s design defects, among other charges of negligence.
UPDATE
However, Campbell Wrapper Corporation filed an answer to Weber’s suit on July 27, denying all of her allegations in their collective entirety, charging that she was contributorily negligent for her own injuries and that her claims were barred by two pieces of state law.
“Plaintiff’s claims may be barred by expiration of the applicable statute of limitations. Defendant caused no injuries or damage to plaintiff, and any injury or damage allegedly sustained by the plaintiff was caused by a party other than the defendant and not within the control of defendant. Plaintiff assumed the risk of injury and was contributorily negligent,” the company’s answer read.
“Plaintiff’s claims are barred and/or limited by the application of the Pennsylvania Comparative Negligence Act and the Pennsylvania Fair Share Act. Plaintiff’s injuries may have been caused by the acts and/or omissions of a fellow servant. Plaintiff’s claims are barred or limited by plaintiff’s misuse of the product which is the subject of this civil action.”
For counts of negligence, products liability and breach of warranty, the plaintiff is seeking damages in excess of $50,000 and in excess of the amount requiring compulsory arbitration.
The plaintiff is represented by Thomas F. Sacchetta of Sacchetta & Baldino, in Media.
The defendant is represented by Maureen E. Daley of Rawle & Henderson and Louis Hockman of Mintzer Sarowitz Zeris Ledva & Meyers, both in Philadelphia.
U.S. District Court for the Eastern District of Pennsylvania case 2:20-cv-03365
Philadelphia County Court of Common Pleas case 200601682
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com