MEDIA – A New Jersey auctioneer maintains it is not responsible for injuries suffered by a Delaware County man who was hit with debris from a wood chipper and then sued the companies who sold him the device.
Edgar Jones of Media initially 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 said.
However, the suit alleged 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,” the suit stated.
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 added.
“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 alleged 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.
J.J. Kane filed an answer to the case on Dec. 16, including new matter, cross-claims and counterclaims against its co-defendants.
“Plaintiff‘s complaint fails to state a claim upon which relief can be granted, fails to state a claim against J.J. Kane Associates, Inc. and J.J. Kane Auctioneers, LLC. Plaintiff’s claims may be barred by the applicable statute of limitations. Plaintiff‘s claims may be barred or limited by plaintiff’s own contributory negligence,” the answer read, partially.
“Plaintiff’s claims may be barred, diminished, reduced or offset in accordance with the Pennsylvania Comparative Negligence Act. No act or omission by J.J. Kane was the proximate cause of any alleged damage or injuries to plaintiff. If plaintiff sustained the harm which has been alleged, it was solely caused by the conduct of third parties other than defendant J.J. Kane.”
These parties are Jaflo, Inc. and Jaflo Trees, LLC, per the J.J. Kane defendants.
UPDATE
On Jan. 5, counsel for the plaintiff answered the defendants’ new matter.
“Defendants’/plaintiff’s claims is barred by the statute of limitations, and is frivolous and has no proper legal basis. Answering defendant preserves the defense of spoliation of evidence as a complete defense and/or bar to plaintiff’s claims. Defendants’/plaintiff failed to mitigate alleged damages,” the plaintiff’s reply read, in part.
The J.J. Kane defendants responded to the plaintiff’s reply brief on Jan. 6, again denying all allegations of liability and maintaining that the plaintiff’s arguments constitute conclusions of law to which no responsive pleading is required.
“The averments of this paragraph constitute conclusions of law to which no responsive pleading is required. To the extent any response is required, the allegations are denied and strict proof is demanded at time of trial. By way of further response, J.J. Kane incorporates by reference its answer, new matter and counterclaim as if fully set forth at length,” per the defendant’s response, in part.
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.
J.J. Kane defendants are represented by George J. Murphy and Stephen J. Finley of Gibbons, P.C., in Philadelphia.
Delaware County Court of Common Pleas case CV-2020-007314
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com