PITTSBURGH – A Western Pennsylvania man claims he was maimed by a mill mixer while on the job and has filed suit to recover damages for the extensive injuries he allegedly suffered as a result.
Gregory A. Say of Parker first filed suit in the Allegheny County Court of Common Pleas on Feb. 13 versus McLanahan Corporation, of Hollidaysburg.
“At all times relevant and material hereto, defendant designed, developed, tested, manufactured, assembled, constructed, inspected, installed, marketed, promoted, advertised, sold and/or distributed a McLanahan Blend Master Pug Mill Mixer, Serial Number 20003042. Through the actions of the defendant, the mixer entered the stream of commerce in a manner unsafe for its users. In particular, the mixer did not have any interlocked guard or other mechanism to disable the device in the event that the guards are opened to perform maintenance, observe the interior of the mixer, or for any other purpose,” the suit says.
“On or about April 13, 2021, plaintiff was working in the course and scope of his employment as a Heavy Equipment Operator with DuraEdge products, which was utilizing the mixer. On the aforementioned date, plaintiff was inside the mixer cleaning the spray nozzles that apply dye to the sand pellets. At the same time, another employee turned on the power to the mixer by utilizing the power controls, located inside a trailer approximately 30 to 50 feet away from the mixer. As there was no mechanism to prevent operation while anybody was inside the mixer, the mixer activated, trapping plaintiff inside.”
The suit adds that the plaintiff suffered a long list of severe injuries and detailed them.
“As a direct and proximate result of the aforementioned incident, plaintiff sustained the following injuries, some or all of which are or may be permanent: Severe posterior torso, gluteus and left thigh tissue damage and loss requiring surgery; Left sciatic nerve injury requiring surgery; Left tibia fracture requiring surgery; Extensive open wounds to the bilateral back, buttock, right thigh, left flank, groin and right lower leg requiring wound debridement, autograft and ReCell placement; Permanent use of colostomy bag; Brace for left drop foot syndrome; Bruises, contusions and other injuries in or about nerves, muscles, bones, tendons, ligaments, tissues and vessels of the body; Unsightly large scars on his torso and bilateral lower extremities and nervousness, emotional tension, anxiety and depression,” the suit states.
For counts of negligence, strict liability and breach of warranty, the plaintiff is seeking damages in excess of the jurisdictional limits of compulsory arbitration, together with court costs, interest and such other and further relief as this Honorable Court may deem just and equitable.
The plaintiff is represented by Richard G. Talarico of Woomer & Talarico, in Pittsburgh.
The defendant has not yet obtained legal counsel.
Allegheny County Court of Common Pleas case GD-23-002038
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com