HARRISBURG – A glass supply company has disavowed liability for injuries a construction worker in Northeastern Pennsylvania says he suffered, when he was hit with a falling metal panel from a vacuum panel lifter on his job site.
Greg Ristenbatt of Palmyra initially 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 stated.
“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.
UPDATE
An answer to the suit denying its claims and including affirmative defenses with new matter came from Western Glass Supply, Inc. on Oct. 12.
“Plaintiff’s complaint fails to set forth a claim upon which relief may be granted against Western Glass Supply. Plaintiff’s claims are barred or reduced by plaintiff’s contributory negligence or comparative fault. Plaintiff’s claims are barred by plaintiff’s assumption of the risk. Plaintiff’s claims are barred by plaintiff’s highly reckless conduct,” per the company’s answer, in part.
“The accident, injury or damage of which plaintiff complains – the occasion, nature and extent of which presently are unknown and, therefore and hereinafter deemed denied – were caused or contributed to by the act, omission or other culpable conduct of a party, person or entity over which Western Glass Supply had no right of or duty to control and for whom or which Western Glass Supply cannot be held liable.”
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 are represented by Anthony John Rash of Dickie McCamey & Chilcote in Pittsburgh and Gregory S. Hirtzel of Fowler Hirtzel McNulty & Spaulding, in Lancaster.
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