PITTSBURGH — A CSX worker injured in an excavator rollover is claiming the machine manufacturer's negligence for defective design.
Jody Weimer and Jessica Weimer filed a complaint May 12 in the Court of Common Pleas of Allegheny County against Geismar North America Inc., doing business as Modern Track Machinery, John Doe I and John Doe II alleging strict liability, negligence and other claims.
Weimer, according to his complaint, was working for CSX Transportation on May 19, 2020. He claims that as he was using an excavator to clear debris from outside a tunnel, the excavator, manufactured by Modern Track, suddenly tilted and slid into a culvert and rolled.
Weimer alleges he was violently struck inside the cab and suffered serious injuries including a shoulder tear and injuries to his joints, discs, arm and head. He claims Modern Track's negligence for defective excavator design and failing to equip the machine with features to eliminate the risk of tilting.
Weimer also claims Modern Track failed to have proper warnings about the excavator's possible tilting and did not have proper safety training, inspections or notify CSX of the risks of the machine. He further claims Modern Track's negligence in maintaining, servicing and repairing the excavator.
Wimer seeks monetary relief, trial by jury and all other just relief. He is represented by Daniel Schiffman of The Schiffman Firm LLC in Pittsburgh.
Court of Common Pleas of Allegheny County case number GD-22-005673