PITTSBURGH — A staffing agency worker assigned to a food distribution plant in Erie is claiming negligence after his arm allegedly became entangled in a mixing machine.
Avery Kirksey filed a complaint Nov. 16 in Court of Common Pleas of Allegheny County against JTM Foods LLC alleging negligence.
Kirksey was working as an employee of Career Concepts at JTM Food's plant on Peach Street in Erie on Nov. 10, 2021. He alleges that he was tasked with cleaning a mixing machine when his arm suddenly and without warning became entangled in the machine and caused him to suffer "severe and grievous" injuries.
Kirksey claims JTM failed to have any safety guidelines for the inspection and use of the equipment, failed to hire or train competent personnel to implement safety precautions and did not have appropriate guarding on the mixing machine or a shut-off mechanism. He further claims JTM Foods failed to warn of the danger or have an OSHA-certified safety coordinator do inspections. Kirksey also claims JTM negligently approved the repair, design, manufacture and alteration of the machine without implementing safety guidelines.
Kirksey seeks monetary relief of more than $35,000, trial by jury and all other just relief. He is represented by Anthony Giannetti and Adam Shorr of Swartz Culleton PC in Pittsburgh.