PITTSBURGH – One company being targeted in a couple’s wrongful death litigation centered on their deceased son, who was struck by an errant wrench and killed while helping to install a plumbing conduit, has raised objections as to the case’s venue.
Joseph J. McCloskey and Judith A. McCloskey of Scenery Hill first filed suit in the Allegheny County Court of Common Pleas on Aug. 14 versus SDI Gas, LLC and Shaft Drillers International, LLC of Mount Morris, Competitive Power Ventures, Inc. of Silver Spring, Md., CPV Fairview, LLC of Johnstown, Charles J. Merlo, Inc. of Mineral Point, Kiewit Power Constructors Co. of Lenexa, Kan., Osaka Gas USA Corporation of White Plains, N.Y., John Does 1-5, Jane Does 1-5, and ABC Corporations A-F
The suit said defendant Merlo was contracted to install a plumbing conduit along Adams Avenue in Cambria County. Some of the work was sub-contracted to SDI, Shaft Driller and North American Directional, LLC, and that involved a Ditch Witch JT-100, a piece of heavy equipment that is used to perform horizontal drilling to push pipes through rock and any tough soil conditions beneath the surface.
The operation requires a set wrench and a breakout wrench that are used to lock the pipes in place while they are being pushed into the ground. The wrenches are about 40 inches in length and weigh 65 pounds.
“On the morning of Oct. 4, 2018, a worker acting under the direction and control of defendants was operating the Ditch Witch JT-100 to break pipe that was being placed in the ground. To assist in this process, decedent Ty McCloskey, 23, was instructed to position himself along the hole-bearing side of Adams Avenue to place a set wrench on the pipe. Once the pipe was in place. Ty was instructed to place the set wrench on the pipe,” the suit stated.
“As Ty was placing the set wrench on the pipe, the drill rig worker acting under the direction and control of defendants resumed pushing the pipe. The actions of the worker under the direction and control of defendants caused the 40-inch, 65-pound set wrench to spin with the drill, striking Ty on the left side of his head, causing catastrophic and fatal injuries.”
UPDATE
Counsel for SDI Gas, LLC filed preliminary objections on Oct. 2, relating to the venue in which the case is being heard in.
“Plaintiffs’ complaint alleges that defendants SDI Gas, LLC and Shaft Drillers International, LLC are separate limited liability companies each with a principal place of business in Mount Morris, Pennsylvania, located within Greene County. Additionally, plaintiffs’ complaint states that decedent, Ty R. McCloskey was working on a project located in Cambria County, confirming that the within cause of action arose in Cambria County,” the objections state.
“Moreover, plaintiffs made no specific averment to support that defendant Shaft Drillers International, LLC carried out substantial, continuous and systematic business activities in Allegheny County. Defendants SDI Gas, LLC and Shaft Drillers International, LLC did not carry substantial, continuous and systematic business activities in Allegheny County. Additionally, none of the remaining defendants have a principal place of business in Allegheny County as averred by plaintiffs in their complaint.”
As a result, the defendants claim the case should be transferred to either the Greene County Court of Common Pleas or the Cambria County Court of Common Pleas.
For 10 total counts of negligence, survival and wrongful death, the plaintiffs are seeking damages in excess of $50,000 in compensatory damages, punitive or exemplary damages, delay damages, interest and costs, plus a trial by jury.
The plaintiffs are represented by Larry Bendesky, Adam J. Pantano and Scott A. Fellmeth of Saltz Mongeluzzi & Bendesky in Philadelphia, and Christopher J. Heavens of Heavens Law Firm, in Boothwyn.
The defendants are represented by Robert J. Marino and J. David Ziegler of Dickie McCamey & Chilcote, plus Cheryl Esposito Kaufman and Nadia V. Lazo of the Law Office of Cheryl Esposito Kaufman, all in Pittsburgh.
Allegheny County Court of Common Pleas case GD-20-008712
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com