MEDIA – A plaintiff alleges that he suffered grievous injuries after a wood chipper he purchased had malfunctioned and shot a heavy-gauge steel component at him, due to alleged negligence and improper modification of the device by the companies who sold it to him.
Edgar Jones of Media filed suit in the Delaware County Court of Common Pleas on Oct. 30 versus Jaflo, Inc. and Jaflo Trees, LLC of Allentown, plus J.J. Kane Associates, Inc. and J.J. Kane Associates Auctioneers, LLC, of Maple Shade, N.J.
“At all times relevant hereto and prior to July 12, 2019 defendants Jaflo and J.J. Kane advertised for sale a wood chipping machine known as a 2014 Altec Environmental Products DC 1317 Disc Chipper. While operating, the rotating disc cutter on the subject wood chipper rotates inside the disc housing/disc cover and cuts the material placed into the machine and also discharges the cut material through the discharge chute,” the suit says.
However, the suit explains that critical safety components had been removed from the machine, such as the disc cover padlock, disc hood switch and bolts associated with the latter device.
“Prior to listing the subject wood chipper for sale, both defendants, Jaflo and J.J. Kane knew and/or should have known that the subject wood chipper was defective, broken, and dangerous because it was improperly maintained, improperly modified, improperly serviced and that critical safety components of the machine were intentionally removed and disabled by Jaflo and/or J.J. Kane defendants, including the disc housing/disc hood bolts, padlock and safety switch. On July 17, 2019, defendants Jaflo and J.J. Kane sold the subject wood chipper to plaintiff.”
This led to the plaintiff then operating the device for the first time on Aug. 1, 2019.
“As the disc cutter rotated suddenly and without warning, the disc housing/disc hood was forcefully ejected from the side of the machine, which sent the heavy-gauge steel disc housing/disc hood through the air, where it impacted the plaintiff on his right side as he stood nearby,” the suit states.
“The unexpected and unwanted ejection of the disc hood/disc cover, which caused plaintiff‘s injuries resulted from the negligence of the defendants or one or more of them and by virtue of the defective nature of the subject wood chipper, and all other causes of the subject incident having been ruled out, defendants are jointly and severally liable.”
The plaintiff alleges that due to the defendants’ negligence, he suffered a variety of full-body injuries, including a fractured pelvis, lacerated liver and kidney, kidney failure, broken ribs and a partially amputated right ring finger, among many others.
For counts of strict liability, negligence and breach of warranties, the plaintiff is seeking compensatory and punitive damages, jointly and/or severally, in excess of $50,000 and in excess of the arbitration limits of the Court, plus interest, costs and delay damages, in addition to a trial by jury.
The plaintiff is represented by Justin M. Bernstein of the Law Offices of Kenneth R. Schuster, in Media.
The defendants have not yet secured legal counsel.
Delaware County Court of Common Pleas case CV-2020-007314
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com