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Manufacturer backed into lawsuit by man who was pinned by cement truck for 20 minutes

PENNSYLVANIA RECORD

Thursday, November 21, 2024

Manufacturer backed into lawsuit by man who was pinned by cement truck for 20 minutes

Federal Court
Cement

SCRANTON - A Damascus concrete delivery truck driver sued multiple defendants in Scranton federal court after he was injured while driving a cement truck, according to documents filed on Feb. 9. 

Plaintiff Bert Terysen drove an Oshkosh Front Discharge Concrete Mixer for his employer, Wayne County Ready Mix on March 1, 2019, to a job site on Dillmuth Road. He then began the mixer clean-up process, described as a vital part of the vehicle's maintenance. 

Terysen was on the catwalk above the cab and used a water hose to rinse out the drum. He says there was a sudden loss of pressure which caused the elevated charge hopper to fall. The plaintiff says he could not hear the air pressure alarm from his location, and as a result was not aware of the falling charge hopper, which landed on his arm and pinned him there for approximately 20 minutes. 

Terysen says he suffered serious injuries, including a crushed left forearm, wrist and hand. He sued the manufacturers of the vehicle, including McNeilus Truck and Manufacturing Inc., Oshkosh Corporation, Oshkosh Inc and Oshkosh Specialty Vehicles Inc. 

The defendants are sued with one count of negligence, one count of strict liability, one count of breach of express and implied warranties and one count of loss of consortium. 

Terysen is seeking at least $75,000 for each count. He is represented by Scartelli Olszewski PC. 

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