HARRISBURG – The manufacturer of a vacuum panel denies it is responsible for the injuries suffered by a construction worker in Northeastern Pennsylvania, 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.”
Ristenbatt suffered a broken right leg, thigh laceration and bruising to the head in the incident.
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.”
UPDATE
Wood’s Powr-Grip Co., Inc. also filed an answer to the complaint on Nov. 12, levying similar defenses against Ristenbatt’s allegations.
“Plaintiff’s complaint fails to set forth a claim upon which relief may be granted against Wood’s Powr-Grip Co., Inc. Plaintiff’s claims are barred or reduced by plaintiff’s contributory negligence or comparative fault, by plaintiff’s assumption of the risk and by plaintiff’s highly reckless conduct,” per counsel for Wood’s Powr-Grip.
“The accident, injury or damage of which plaintiff complains were caused or contributed to by the act, omission or other culpable conduct of a party, person or entity over which Wood’s Powr-Grip Co., Inc. had no right of or duty to control and for whom or which Wood’s Powr-Grip Co., Inc. cannot be held liable.”
In addition to other affirmative defenses, Wood’s Powr-Grip Co., Inc. argues that the injuries of which plaintiff complains were caused or contributed to by a pre-existing condition, which it did not cause or contribute to and for which it 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 and Brett Tishler of White & Williams, in Philadelphia.
The defendants are represented by Anthony John Rash of Dickie McCamey & Chilcote in Pittsburgh, plus Christopher M. Horn and Gregory S. Hirtzel of Fowler Hirtzel McNulty & Spaulding, in Norristown and 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