PITTSBURGH – A corporation asserts it is not liable for damages pursued by a Beaver County couple, the husband of which was struck on the head by a falling metal pipe when he was at work as a sprinkler fitter.
Michael Peters and Nichole Peters first filed suit in the Beaver County Court of Common Pleas last year versus Ferguson Fire & Fabrication, Inc. and Ferguson Enterprises, LLC, both of Newport News, Va.
The defendants removed the case to the U.S. District Court for the Western District of Pennsylvania on May 29, 2020.
On March 26, 2019, the suit says Peters was working as a union sprinkler fitter for VFP Fire Systems in Lock Haven, where he was helping to build a structure that would eventually house a First Quality tissue and/or paper-producing machine/plant.
VFP was tasked with installing a fire suppression system that was to include a sprinkler system placed into the building being constructed, while the defendants supplied the pipes to be used in the fire suppression system. They were provided in the form of lengths of pipe, which were bound together by metal bands.
“On March 26, 2019, the construction and/or installation of the sprinkler system required plaintiff, his co-employees and other on site to lift bundles of pipe from the ground floor to the second floor of the First Quality building. Due to the weight of the pipe bundles, it was necessary to use a crane to lift the pipes from the ground level to the higher levels at which the pipes would be installed,” the suit stated.
“In order to lift the pipe bundle from the ground floor to a higher level, it would be necessary to first attach the pipe bundle to the crane boom via straps or other connecting devices, and then lift the pipe bundle with the crane to the desired height, while the individual holding the tag-line steered or guided the pipe bundle as necessary.”
Michael Peters was the individual chosen to operate the tag-line while bundles of pipe were lifted from the ground floor to the upper level of the building at the First Quality project. At that time, a bundle of what was believed to be approximately 10 feet in length pipes was being raised by a crane, from the ground floor to the second floor of the building, the suit said.
At that time, a two-and-a-half foot-long length of pipe slipped, came loose from or was dislodged from the middle of the bundle of pipes, falling toward the ground. It traveled through the air and struck Michael Peters in the head, the suit added.
Subsequently, he allegedly sustained a myriad of injuries, including a 5.0 laceration to the left side of the forehead, left frontal soft tissue hematoma, extraconal hemorrhage, let frontal sinus wall fracture, left orbital bone fracture, encephalomalacia in the bilateral frontal lobes, left eye ecchymosis, headaches, dizziness, disturbed sleep, post-traumatic vertigo, permanent and disfiguring scarring and other injuries.
On June 5, 2020, the defendants filed an answer which issued a wholesale denial of the plaintiffs’ claims and asserted four affirmative defenses against the litigation.
“Defendant asserts the affirmative defenses of comparative negligence and assumption of the risk and defendants aver that plaintiff’s damages and/or losses, if any, were the result of a superseding or intervening cause that was not related to the acts or omissions of defendants,” counsel for the defendants said.
“Defendants aver that plaintiff’s damages and/or losses were caused solely and/or partially by the negligence or omissions of third persons over which defendants had no control and for whom defendants are not responsible.”
UPDATE
On May 20, the original defendant Ferguson Enterprises filed a third-party complaint was filed against C.R. Meyer & Sons Company, alleging its vicarious liability in the suit at issue.
The company responded to the third-party complaint on July 26, including 12 affirmative defenses.
“Third-party defendant affirmatively pleads that it cannot be solely liable to the plaintiff. Third-party defendant affirmatively pleads the statute of limitations as a full and complete bar to any claims of the plaintiffs and third-party plaintiff against this third-party defendant. Third-party defendant avers that the plaintiff’s alleged damages and/or injuries, if any, were the result of a superseding or intervening cause that was not related to any act or omission by this defendant,” the answer stated.
“Third-party defendant avers that plaintiff’s alleged injuries and/or damages were caused solely and/or partially by the negligence or omissions of a third party or persons over which this defendant had no control and for whom they are not liable. Third-party defendant affirmatively pleads that all, or some, of the plaintiff’s alleged injuries and damages were pre-existing and not caused by nor contributed to by this incident. Third-party defendant affirmatively pleads that its employee(s) exercised due care in the operation of the crane and lift at issue. Defendant’s complaint to join fails to state a claim against this third-party defendant upon which relief can be granted. Third-party defendant did not breach any duty of care owed to the plaintiff.”
Counsel for C.R. Meyer & Sons Company further argued that liability may be barred by the doctrine of comparative or contributory negligence and a failure for the original defendant to mitigate their damages.
For counts of negligence, the plaintiffs are seeking damages in excess of the jurisdictional arbitration limits, plus interest and costs.
The plaintiffs are represented by Thomas D. Berret of Hal K. Waldman & Associates, in Pittsburgh.
The defendants are represented by Darren M. Newberry and Thomas P. Birris of Marshall Dennehey Warner Coleman & Goggin, plus Susan D. Garrard of William J. Ferren & Associates, all also in Pittsburgh.
U.S. District Court for the Western District of Pennsylvania case 2:20-cv-00785
Beaver County Court of Common Pleas case 10448-2020
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com