PITTSBURGH – An Alabama company has rejected allegations that it is responsible for defective concrete panels which came loose and fell on the plaintiff’s right foot during a work assignment, leading four of his toes to be severed.
Lance Collins of New Cumberland, W.Va., first 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 said.
“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 stated.
“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 continued 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.
UPDATE
Fiblast, LLC answered the complaint on Dec. 20, denying and any all allegations that it was responsible for Collins’s injuries, and that the concrete panels in question were not defective.
“The injuries and damages claimed by plaintiff were solely caused by plaintiff’s own negligence. The plaintiff’s claims, if any, are barred by the statute of limitations. The plaintiff’s claims, if any, are barred by the doctrine of laches. The plaintiff’s claims, if any, are barred in whole or in part by the doctrines of estoppel and/or waiver. The accident of Aug. 8, 2020 was directly and proximately caused by the careless, negligent, and reckless acts of the plaintiff Lance Collins. The plaintiff was negligent under the circumstances, and his negligence was the direct and proximate cause of this accident and plaintiff’s own injuries. All of the claims in this action and any recovery on the part of plaintiff are barred and/or limited by the plaintiff’s negligent conduct,” the answer’s affirmative defenses stated, in part.
“Defendant Fiblast, LLC hereby asserts the terms and provisions of the Pennsylvania Comparative Negligence Act as an affirmative defense to this action. The plaintiff assumed the risk of the injuries he received. The plaintiff’s injuries and damages were solely caused by himself and/or the negligent and careless conduct of persons or entities other than Fiblast, LLC and, accordingly, Fiblast, LLC has no liability to the plaintiff. To the extent that discovery may establish that plaintiff's injuries and damages were solely, directly, and proximately caused by third persons or entities, this defendant has no liability to the plaintiff. The negligence of the plaintiff and/or others was the sole cause of this accident. This defendant has no liability to the plaintiff. Any injuries or damages sustained by the plaintiff may have been the result of intervening and superseding causes which were not within the control of this defendant.”
The answer continued that at the time of the original sale of the Glass Fiber Reinforced Concrete Panel that was being installed at the time of plaintiff’s accident, the panel did not contain any defects, was of merchantable quality and was fit for its intended use and was properly designed and manufactured.
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 is represented by Joseph J. Bosick of Pietragallo Gordon Alfano Bosick & Raspanti, also in Pittsburgh.
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