PHILADELPHIA – A Montgomery County couple are suing a series of manufacturing companies after they say a saw machine used to remove tags from copper pipes malfunctioned and caused the husband-plaintiff to suffer grievous personal injuries.
Md. Rafiqul Islam and Rahima Khatun of Hatfield initially filed suit in the Philadelphia County Court of Common Pleas on July 29 versus Structural Machinery Solutions, Inc. (doing business as “Kaltenbach, Inc.”) of Columbus, Ind., Mueller Industries, Inc. of Collierville, Tenn., Mueller Streamline Company and Mueller Streamline Company of Harrisburg, ABC Maintenance Companies 1-5, ABC Consulting Companies 1-5 and ABC Manufacturing Companies 1-5.
“On Sept. 19, 2018, plaintiff Md. Rafiqul Islam, was working for Precision Tube Company, LLC, at an industrial facility located at 287 Wissahickon Avenue, North Wales, Pennsylvania. On that date, Mr. Islam was tasked with using a Kaltenbach Reconditioned Universal Semi-Automatic Cold Sawing Machine, Kaltenbach Model No. SKL 400-H, serial number 109904, to remove tags from sections of copper pipes,” the suit says.
“Mr. Islam secured a copper pipe, 12” long and 2.5” in diameter, using the Refurbished Saw Machine’s clamps. Operators of the Refurbished Saw Machine, like Islam, were supposed to be protected from projectiles by a safety guard/hood fitted on the Refurbished Saw. While Islam was operating the Refurbished Saw Machine, the section of copper pipe he was cutting came loose off the Saw Machine’s clamps (which were supposed to secure the material being cut).”
After coming loose from the Saw Machine’s clamps, the copper pipe ejected past the Saw Machine’s safety hood/guard (which was supposed to protect the operator from projectiles) and violently struck Islam in the throat, face and chest, causing catastrophic, permanent and debilitating injuries.
As a result, Islam suffered thyroid cartilage fractures, dislocated hyoid bones, a tracheostomy, extensive lacerations to the jaw, throat and chest, vocal cord damage, difficulty with breathing, eating and swallowing, post-concussive syndrome, post-traumatic stress and a litany of other injuries.
The Mueller defendants removed the case to the U.S. District Court for the Eastern District of Pennsylvania on Aug. 31, but have yet to respond to the suit.
For multiple counts of strict product liability, negligence, breach of warranty and loss of consortium, the plaintiffs are seeking compensatory damages from each of the defendants in excess of $50,000, exclusive of interest, costs and delay damages, and a trial by jury.
The plaintiffs are represented by Kevin Michael Durkan of Fritz & Bianculli, in Philadelphia.
The defendants are represented by Dennis M. Marconi of the Law Offices of Barnaba & Marconi, in Trenton, N.J.
U.S. District Court for the Eastern District of Pennsylvania case 2:20-cv-04227
Philadelphia County Court of Common Pleas case 200702017
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com