PHILADELPHIA – A Tennessee manufacturer has disavowed itself of liability resulting from a lawsuit brought by a Montgomery County couple, 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 said.
“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.
UPDATE
The Mueller defendants removed the case to the U.S. District Court for the Eastern District of Pennsylvania on Aug. 31, and responded to the suit on Sept. 14, denying its claims and asserting numerous defenses.
“Plaintiff assumed the risks of his injuries. Plaintiff’s losses and injuries, if any, were caused by his own negligent and/or careless conduct. Plaintiffs’ claims are barred or limited by the Provisions of the Pennsylvania Comparative Negligence Act and/or the Fair Share Act,” the answer read, in part.
“Plaintiffs’ claims are barred or limited in whole or in part by the applicable Statute of Limitations and/or Statute of Repose. Answering defendants did not breach any duty owed to plaintiffs. Plaintiffs’ complaint fails to state a claim upon which relief could be granted as to all defendants. The Court lacks personal and subject matter jurisdiction over the answering defendants.”
The Mueller defendants further filed cross-claims of contribution and indemnification against Structural Machinery Solutions, Inc.
“Answering defendants deny and all legal liability and responsibility for the acts alleged in the complaint. If the answering defendant should be found liable to plaintiffs, which liability is denied, answering defendants assert that that co-defendants herein are joint tortfeasors with respect to any loss, liability or expense on account of plaintiffs’ demand for judgment. Plus, said liability will only be secondary, passive, technical, vicarious or imputed, and the liability of co-defendants,” according to the motion.
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 Bradley D. Remick and Kristen E. Shicora of Marshall Dennehey Warner Coleman & Goggin in Philadelphia, plus 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