PITTSBURGH – A West Virginia man claims that defective concrete panels manufactured by the defendant came loose and fell on his right foot during a work assignment taking place at another company, leading four of his toes to be severed.
Lance Collins of New Cumberland, W.Va., filed suit in the U.S. District Court for the Western District of Pennsylvania on June 29 versus Fiblast, LLC of Tuskegee, Ala.
“It is alleged on Aug. 8, 2020, plaintiff was employed by RAM Acoustical Corp., a corporation with a principal place of business located in Beaver Falls, Pennsylvania. Plaintiff was employed by RAM Acoustical Corp., at a job site located at Dickson Preparatory STEAM Academy, located at 7301 Schoyer Avenue, Pittsburgh, Pennsylvania 15218,” the suit says.
“On said date, plaintiff was installing large acoustical panels that are believed and averred to have been designed and/or manufactured by the defendant. On said date, it is believed and averred that the structure of one of the concrete panels failed and crashed down on the plaintiff, causing the severing of four of his toes on his right foot.”
The plaintiff added RAM Acoustical Corp. actually had numerous other failures with defendant’s panels, as they had broken before.
“It is believed and averred that RAM Acoustical Corp. actually traveled to defendant’s facility in Alabama to pick up and hand-deliver the concrete panels manufactured and designed by defendant, because the structural integrity of the panels was deficient,” the suit states.
“It is believed and averred that many photographs and tests were done by RAM and their representatives. To recover lost wages and expenses, plaintiff collected worker’s compensation from this incident. Plaintiff was working on a crew when this incident happened, and the incident is believed to have been witnessed by the workers present that day.”
The plaintiff continues that he suffered the permanent loss of four toes on his right foot, permanent disfigurement from the loss of those toes, past, present and future pain, suffering and embarrassment, past, present and future loss of motion, activity and use of his foot, and having to wear a prosthetic boot/shoe to walk, run and use his foot.
For counts of strict product liability, negligence and breach of contract/implied warranty of merchantability, the plaintiff is seeking damages in excess of $75,000, plus costs.
The plaintiffs are represented by Richard T. Haft of Rewis & Yoder, in Pittsburgh.
The defendant has not yet secured legal counsel.
U.S. District Court for the Western District of Pennsylvania case 2:22-cv-00948
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com