PITTSBURGH – A Pennsylvania saw retailer denies charges that it was negligent in marketing an up-cut saw, which was allegedly defective and severed a man’s 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 said.
“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 stated.
“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 stated.
“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.”
UPDATE
Saw Sales & Machinery Company provided an answer to the complaint on Oct. 25, denying the complaint’s allegations in their entirety and asserting cross-claims against its co-defendants.
“Plaintiff’s claims are barred and/or must be reduced by the doctrine of assumption of the risk. Plaintiff’s claims are barred and/or must be reduced by the doctrine of contributory and/or comparative negligence. In the event it is determined that the plaintiff suffered the injuries and damages alleged, then said injuries and damages were not caused by this defendant but were caused by other individuals and/or entities over whom this defendant exercised no control and for whose conduct this defendant cannot be held liable,” the new matter said, in part.
“In the event it is determined that the plaintiff sustained any injuries and/or damages, then said injuries and damages were the sole, proximate and the direct result of pre-existing, intervening and/or superseding causes not within the control of this defendant and for which this defendant cannot be held liable. Defendant contends that the OMGA saw at issue had a reasonably safe design as measured by any risk utility analysis as set forth in the Restatement (Second or Third) of Torts. To the extent revealed in discovery, the plaintiff’s injuries and/or damages were caused and/or contributed to by substantial alterations, modifications, and/or changes to the product at issue.”
In cross-claims, Saw Sales & Machinery Company pointed to its co-defendants, Dierregi S.r.L. and OMGA Industries, Inc., as being at fault for the plaintiff’s injuries.
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.
Defendant Saw Sales & Machinery Company is represented by Mark R. Lane of Dell Moser Lane & Loughney, in Pittsburgh.
Allegheny County Court of Common Pleas case GD-21-010775
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com