HARRISBURG – A construction worker in Northeastern Pennsylvania has initiated legal action after allegedly suffering serious injuries from being hit with a falling metal panel from a vacuum panel lifter on his job site.
Greg Ristenbatt of Palmyra filed suit in the U.S. District Court for the Middle District of Pennsylvania on Sept. 9 versus Western Glass Supply, Inc. of Denver, Colo. and Wood’s Powr-Grip Co., Inc. of Laurel, Mont.
“Mr. Ristenbatt was an employee of Rose Metal Systems, Inc. As a part of his job duties for Rose Metal, Ristenbatt worked at a construction project located at 401 York Avenue, Duryea, Pennsylvania. On or about April 18, 2019, while at the job site, Rose Metal personnel used a vacuum panel lifter, model PCFS10T04DC2, manufactured by WPG and sold to Rose Metal by Western Glass to lift a metal panel,” the suit states.
“Despite the fact the metal panel was within the Panel Lifter’s rated lifting capacity, the connection between the metal panel and Panel Lifter suddenly failed, without any visible or audible warnings, resulting in the metal panel falling onto Ristenbatt. As a result of the subject incident, Ristenbatt sustained serious injuries to the bones, cartilages, ligaments, muscles, nerves and tissues of his body, including, a spiral comminuted fracture of the right proximal femur, as well as a laceration to the thigh and bruising to the head, some or all of which may be permanent in nature. Ristenbatt also suffered a sudden and violent shock to the nervous system, as well as aches, pains, mental anguish, shock and disability.”
Due to his injuries, Ristenbatt has been:
• Unable to undertake his normal duties and believes he will continue to suffer impairments and disabilities in the future which may result in a decrease in his earnings and earning capacity;
• Sustained a diminution in his ability to enjoy life and life’s pleasures;
• Sought necessary medical attention, with the result that he has incurred and may still incur medical bills and other similar expenses.
For multiple counts of negligence, strict product liability (manufacturing defect), strict product liability (design defect – consumer expectations test) and strict product liability (design defect – risk utility test), the plaintiff is seeking damages in excess of jurisdictional limits, plus interest, costs, and further relief as the Court may deem appropriate, and a trial by jury.
The plaintiff is represented by Robert M. Caplan of White & Williams, in Philadelphia.
The defendants have not yet secured legal counsel.
U.S. District Court for the Middle District of Pennsylvania case 1:20-cv-01634
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com