PITTSBURGH – A woodworker from Northwestern Pennsylvania says defective electric tools that he used in the course of his job led him to suffer amputation of two fingers on his right hand.
Justin S. Wentz of Erie filed suit in the Allegheny County Court of Common Pleas on Oct. 30 versus Black & Decker (U.S.) Inc. (doing business as “Porter-Cable”) and The Black & Decker Corporation of Towson, Md., Stanley Black & Decker, Inc. of New Britain, Conn. and Porter-Cable Corporation of North Jackson, Tenn.
“On Aug. 16, 2018, plaintiff was operating the Porter Cable Model 75361 Production Router Base and Model 7519 Production Router [electric motorized power tools] in the course of his of employment at Schutte Woodworking, in a manner intended by defendants and for the foreseeable and intended purposes for which it was designed, manufactured, sold, supplied and serviced by the defendants,” the suit states.
“As plaintiff was making a groove in a piece of wood, the router malfunctioned and suddenly kicked back the piece of wood plaintiff was routing, causing plaintiff’s right hand to jolt forward into the drill bit of the router. Plaintiff’s right ring and pinky fingers came into contact with the drill bit of the router, causing them to be traumatically amputated.”
In addition to the amputation, Wentz suffered open fracture of his right ring and pinky fingers, traumatic crush injuries, multiple wounds and contusions, mental and psychological injuries, permanent scarring, disability and disfigurement.
The defendants filed to remove the case to federal court in the U.S. District Court for the Western District of Pennsylvania on Nov. 30.
“Complete diversity of citizenship exists among the parties: It is defendants’ understanding that, based on the averments in the complaint, plaintiff is a citizen of Pennsylvania and currently reside in Erie, Erie County, Pennsylvania. Black & Decker (U.S.) Inc. is and was at the time of the commencement of this action incorporated under the laws of the State of Maryland, with its principal place in Towson, Maryland,” the removal notice stated.
“Black & Decker Corporation is and was at the time of the commencement of
this action incorporated under the laws of the State of Maryland, with its principal place in Towson, Maryland. Porter-Cable Corporation was merged into Black & Decker (U.S.) Inc. in 2005. Stanley Black & Decker, Inc. is and was at the time of the commencement of this action incorporated under the laws of the State of Connecticut, with its principal place of business in New Britain, Connecticut.”
The defendants further indicated that the damages amount in controversy meets or exceeds the sum or value of $75,000, exclusive of interest and costs – specifically, pointing to Wentz asserting he is entitled to compensatory damages for bodily injuries to plaintiff’s hand including the amputation of multiple fingers, multiple fractures, and nerve and tendon damage which required surgery.
“As the plaintiff is a resident of Erie, Pennsylvania, the Pittsburgh docket is the appropriate location to handle this matter. Counsel for plaintiff has indicated that it does not oppose the removal,” the notice added.
For counts of negligence, strict products liability and breach of warranty, the plaintiff is seeking damages in excess of the jurisdictional limits of arbitration, plus interest, court costs and all other relief permitted by this Honorable Court, and a trial by jury.
The plaintiff is represented by Peter D. Friday, Kevin S. Burger and John K. Bryan of Friday & Cox, in Pittsburgh.
The defendants are represented by Stuart H. Sostmann of Marshall Dennehey Warner Coleman & Goggin, also in Pittsburgh.
U.S. District Court for the Western District of Pennsylvania case 2:20-cv-01853
Allegheny County Court of Common Pleas case GD-20-008365
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com