PITTSBURGH – A Pennsylvania saw company looks to serve a subpoena on a materials firm that serves as the employer of a man who filed a negligence and strict liability lawsuit, 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 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.”
The suit alleged 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 were 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.”
Saw Sales & Machinery Company provided an answer to the complaint on Oct. 25, 2021, 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.
In a Nov. 8, 2021 reply to the answer and new matter, the plaintiff denied the defendant’s responses in their entirety. In general, the plaintiff referred to the defendant’s material as “conclusions of law to which no responsive pleading is required, and should a responsive pleading be required, the plaintiff demands strict proof from the defendant.”
A Dec. 13, 2021 reply to the new matter saw Dierregi S.r.L. and OMGA Industries, Inc. deny the assertions as either directed to defendants other than themselves, or as conclusions of law to which no response is required.
In a joint stipulation reached April 5, the parties agreed that proprietary information concerning the product at issue would remain confidential and subject to limited disclosure, only among the parties and associated professionals in the case.
“Confidential information shall be used by any recipient authorized under this agreement solely for the purposes of this litigation. Confidential information shall not be used by any recipient of such information, or disclosed by any recipient to any third-party, for any purpose, except as provided in this order and agreement,” the protective order stated, in part.
“All confidential information shall be restricted to the following persons: The plaintiff; the plaintiff’s counsel and any partners, associates, paralegals, clerical staff and secretaries who are regularly employed by and actively engaged in assisting such counsel with respect to this litigation; Each other party in this litigation and their counsel, and insurers for the defendants; Consulting or testifying experts with respect to this litigation; Any certified shorthand or court reporters or videographers retained to report a deponent’s testimony taken in this litigation; Any person from whom testimony is taken or may be taken in this litigation, and any other person not otherwise identified who may receive protected information.”
UPDATE
Saw Sales & Machinery Company filed notice to serve a subpoena to Mitsubishi Chemical Advanced Materials of Delmont, the plaintiff’s employer, on May 24, seeking copies of the following documents:
• The entire personnel file of Timothy Weiner (date of birth: July 2, 1969) excluding any medical records existing therein;
• All documents and records regarding training received by Weiner while employed by Mitsubishi Chemical Advanced Materials, formerly Quadrant Engineering Plastic Products;
• All documents and records regarding training received by Weiner prior to being employed by Mitsubishi Chemical Advanced Materials, formerly Quadrant Engineering Plastic Products;
• All documents and records regarding safety training received by Weiner while employed by Mitsubishi Chemical Advanced Materials, formerly Quadrant Engineering Plastic Products;
• All documents and records regarding safety training received by Weiner prior to being employed by Mitsubishi Chemical Advanced Materials, formerly Quadrant Engineering Plastic Products;
• All documents and records regarding any and all workers’ compensation claims of Weiner;
• All communications regarding Weiner’s employment and separation from employment with Mitsubishi Chemical Advanced Materials, formerly Quadrant Engineering Plastic Products;
• Copies of all lockout/tagout policies in effect at Mitsubishi Chemical Advanced Materials, formerly Quadrant Engineering Plastic Products on Jan. 1, 2017, which policies were applicable to Weiner and on which he had been trained during his employment;
• Copies of all safety policies in effect at Mitsubishi Chemical Advanced Materials, formerly Quadrant Engineering Plastic Products on Jan. 1, 2017, which policies were applicable to Weiner and on which he had been trained during his employment;
• Copies of all disciplinary records regarding Weiner and/or records of injury or safety incidents and/or near-misses and/or safety policy violations by Weiner.
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 are represented by Mark R. Lane of Dell Moser Lane & Loughney in Pittsburgh and Warren E. Voter of Sweeney & Sheehan, also in Philadelphia.
Allegheny County Court of Common Pleas case GD-21-010775
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com