MEDIA — A worker who was repairing and updating a chimney stack at the Excelon Power Plant in Eddystone, became stuck in an elevator and suffered injuries is claiming negligence.
Rafael Rosa and Irene Merchan filed a complaint July 29 in the Court of Common Pleas for Delaware County against International Chimney Corporation and John Doe 1-20, individuals or entities performing work at Excelon Power Station alleging negligence and premises liability.
Rafael Rosa was descending down a chimney stack on Aug. 9, 2019, in the elevator at the Excelon Power Plant in the course of his employment, according to the plaintiffs' complaint. They allege that the elevator became "stuck and/or malfunctioned" which caused him to have to be rescued through the roof of the elevator and suffer "serious and permanent" injuries.
Specifically, the plaintiffs claim Rosa suffered abductor tendinosis, an injured abductor muscle pelvic strain and injuries to his thigh, tendons and other parts of his body. They allege the defendants failed to properly maintain their equipment while performing work on the chimney stack including allowing ropes to hang from the scaffolding across the elevator tracks. The plaintiffs also claim the defendants' negligence in failing to maintain a safe environment for its workers and contractors.
Rosa seeks monetary relief of more than $50,000, interest and all other just relief. They are represented by Jefferey Solomon of Dion, Solomon & Shapiro LLC in Philadelphia.