PITTSBURGH – A Western Pennsylvania man has charged companies in Italy, Indiana and Pennsylvania with collective negligence and strict liability, after an up-cut saw severed his right hand just above his wrist during his work.
Timothy Weiner of Norvelt first filed suit in the Allegheny County Court of Common Pleas on Sept. 8 versus Dierregi S.r.L. of Capri, Modena, Italy, OMGA Industries, Inc. of South Bend, Ind. and Saw Sales & Machinery Company, of Gibsonia.
“On Feb. 5, 2021, plaintiff was an employee of Rochling Machine Plastics located at 161 Westec Drive, Mount Pleasant, Pennsylvania 15666. On that date, plaintiff was clearing out excess or trimmed pieces of plastic work pieces that had been previously cut by a co-worker who had been operating an OMGA up-cut saw, Model No. T521ST “US”, Serial No. 15264,” the suit says.
“While plaintiff was reaching in to remove the trimmed scrap pieces, he inadvertently and unknowingly stepped on the foot pedal, causing the subject OMGA up-cut saw to cycle, resulting in the blade severing his entire right hand just above his wrist.”
On Feb. 5, the suit alleges the following:
• Defendant Dierregi was in the business of designing, manufacturing, distributing, selling and placing into the stream of commerce OMGA up-cut saws and other metal working and wood working saw machines;
• Defendant OMGA was the United States distributor of OMGA up-cut saws designed, manufactured and built by co-defendant Dierregi;
• Defendant SSM was in the business of distributing, selling, servicing and providing replacement parts for woodworking and metal working equipment including OMGA up-cut saws.
“The subject OMGA up-cut saw, which caused plaintiff’s injuries, is an OMGA Model No. 2521ST “US”, Serial No. 15264. The subject OMGA up-cut saw was shipped to defendant OMGA by co-defendant Dierregi. The subject OMGA up-cut saw was sold, shipped and supplied by defendant OMGA to co-defendant SSM,” the suit states.
“Defendant SSM sold the subject OMGA up-cut saw to plaintiff’s employer Rochling Machine Plastics pursuant to Purchase Order No. PO008735. The subject OMGA up-cut saw was delivered to plaintiff’s employer’s facility in February of 2019.”
According to the litigation, the defendants are collectively responsible for the plaintiff’s injuries.
“Plaintiff’s injuries occurred as a direct and factual result of the defective and unsafe design and condition of the OMGA up-cut saw and the negligent, careless and unsafe manner in which defendant Dierregi designed and manufactured the equipment and defendants OMGA and SSM negligently distributed, sold and supplied the subject OMGA up-cut saw,” the suit states.
“As a result of the defective and unsafe design of the subject OMGA up-cut saw and its unreasonably dangerous condition as supplied, sold and provided to plaintiff’s employer, plaintiff suffered an amputation of his entire right dominant hand resulting in extensive medical treatment, great pain, suffering, permanent disfigurement, including the loss of his thumb and other losses the full extent of which are not presently known.”
For multiple counts of negligence, strict liability and breach of warranties, the plaintiff is seeking damages in excess of the arbitration limits of this Court, together with interest and costs of suit.
The plaintiff is represented by Richard M. Jurewicz and Brooke J. Elmi of Galfand Berger, in Philadelphia.
The defendants have not yet secured legal counsel.
Allegheny County Court of Common Pleas case GD-21-010775
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com