PHILADELPHIA – Plaintiffs in a lawsuit that says a copper pipe was shot into a man’s face want the case heard where it was first filed – in Philadelphia state court.
Rafiqul Islam and wife Rahima Khatun are resisting the defendants’ effort to get the case heard in federal court. Those defendants include Kaltenbach and Mueller Industries.
They face charges a saw machine lost control of the copper pipe Islam was sawing and that it was ejected past what was supposed to be a guard into his face, throat and chest, causing serious injuries.
The plaintiffs say there is no complete diversity of the parties that would necessitate the case being heard in federal court. Mueller is a citizen of Pennsylvania, they say.
At issue is the owner of the North Wales facility where the injury took place. Defendants say it is owned by Precision Tube Co. – not a named party – but the plaintiffs say the Montgomery County Board of Assessment lists Mueller as the owner.
Islam allegedly 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.