PHILADELPHIA – A Philadelphia poll worker alleges that the City, its Commissioners and manufacturers of voting machines used in Philadelphia are directly responsible for the broken arm she suffered, when she was asked to repair a faulty machine herself.
Janice Tangradi of Philadelphia first filed suit in the U.S. District Court for the Eastern District of Pennsylvania on May 12 versus the City of Philadelphia, City Commissioners Lisa M. Deely, Al Schmidt and Anthony Clark, City Commission Employee Jane Doe, all of Philadelphia, Danaher Corporation of Washington, D.C., Total Control, Inc. of Newtown and ABC Corporation.
“Tangradi was an elected committee person for the City of Philadelphia, representing Ward 66B. As an elected committee person, Tangradi received no taxpayer-funded compensation, and was responsible, among other duties, for monitoring the polling places in her Ward on Election Day. On May 21, 2019, pursuant to her duties as a committee person, Tangradi was a poll watcher at the polling center for Ward 66B, which was located at the Palmer Playground, 3305 Comly Road, Philadelphia, PA 19154,” the suit says.
“At approximately 10:21 am, Tangradi was notified by one of the poll workers that voting machine #1, a Danaher Shouptronic 1242 designed/manufactured/sold by defendant Danaher Corporation and/or Total Control, Inc. and/or ABC Corporation, was not working. Tangradi immediately called the City Commissioners office and requested that a technician be sent to repair voting machine #1.”
The suit adds the defendants never provided Tangradi with any training on the repair or maintenance of the Danaher Shouptronic 1242 voting machine, and did not have any polices/directives/procedures regarding the repair and maintenance of said voting machines – yet defendant Doe requested the plaintiff attempt to fix the machine herself.
“The Danaher Shouptronic 1242 voting machine comes as a unit, and is designed to fold up for transportation and/or storage. At the rear of voting machine is an approximately 3’ by 3’ box, approximately 8” deep, the front of which houses that actual voting machine. There were no warnings on the box or anywhere on the voting machine prohibiting persons from stepping inside the box area or warning of the dangers of stepping inside the box area,” the suit says.
“After Tangardi informed defendant City Commission employee Jane Doe that the machine was plugged in, defendant Jane Doe affirmatively ordered/directed plaintiff to read her information on a label that was located on the rear of the voting machine. The print on the label was very small, and because of the way defendant Danaher Corporation and/or Total Control Inc. and/or ABC Corporation designed the voting machine, to read the label the plaintiff had to step inside of the box.”
Subsequently, Tangradi stepped into the box with her right foot first, and then her left foot, which immediately became stuck in the left corner of the box. As Tangradi attempted to dislodge her left foot, she lost her balance, and because there was nothing to grab on to, fell to the ground, causing severe injuries.
“The plaintiff was a foreseeable victim of the defective, dangerously designed and manufactured Danaher Shouptronic 1242, and all defendants failed to warn her of the dangers of stepping inside the box located at the rear of the voting machine,” per the suit.
“As the direct and proximate result of all defendants’ acts and omissions, the plaintiff suffered serious injuries, including a severely broken left arm, requiring surgery and the insertion of a plate and seven screws, two torn rotator cuffs, and ongoing care, treatment and physical therapy.”
As a result of the incident, the plaintiff says she has both lost her job and incurred nearly $350,000 in medical bills and costs.
For counts of state-created danger and civil rights violations through Monell and under 42 U.S.C. Section 1983, strict liability and negligence, the plaintiff is seeking compensatory damages against each of the defendants in excess of $175,000, plus interest, costs, attorney’s fees and delay damages.
The plaintiff is represented by Alan E. Denenberg of Abramson & Denenberg, in Philadelphia.
The defendants have not yet obtained legal counsel.
U.S. District Court for the Eastern District of Pennsylvania case 2:21-cv-02165
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com