PITTSBURGH – A batching operator at a Pennsylvania bottling plant alleges that a hose attached to clean-in-place unit separated from its apparatus and sprayed a mixture of harmful chemicals on her body, leading her to suffer severe burn injuries.
Tina Thompson of Bellefonte first filed suit in the Allegheny County Court of Common Pleas on March 2 versus Niagara Bottling, LLC and Milesburg Properties, LLC of Howard, VNE Corporation and NEUMO Ehrenberg Group of Janesville, Wis., Rieger Flow Products, LLC of Kenosha, Wis. and John Does 1-6.
“On March 2, 2021, plaintiff was working as a batching operator at a bottling facility in Howard, PA. As part of her duties as a batching operator, plaintiff was required to make use of the site’s clean-in-place unit to clean the batching equipment and fillers,” the suit says.
“On that day, plaintiff was using the subject CIP unit to clean a large industrial mixer. At approximately 3:45 a.m., a hose attached to the subject CIP unit broke loose and/or otherwise freed from its position, spraying a mixture of chemicals – including a sodium hydroxide solution – and water onto plaintiff. The failure occurred after one of the CIP’s hoses failed, broke free and/or otherwise detached from the position it was supposed to be secured in.”
The suit adds that, alternatively, the failure occurred after one of the CIP’s component parts, namely a fabricated stainless-steel clamp, failed, loosened, broke, and/or otherwise allowed the CIP’s hose to break-free and spray. Despite attempting to clean off the chemicals, the plaintiff suffered severe chemical burns to her body.
Emergency services were contacted, and plaintiff was medevac’d to Lehigh Valley Hospital to be treated for serious burns. The CIP unit and/or its components were owned, controlled or otherwise the property of defendants Niagara. The CIP unit and/or its components were installed, repaired, replaced, inspected and/or otherwise maintained by defendants Niagara and/or John Does 3-6 and/or defendants NEUMO,” the suit states.
“The CIP unit and/or its components were installed, designed, manufactured and/or distributed by defendants NEUMO. The hose, clamp and assembly were assembled, maintained, installed, repaired, serviced and/or otherwise inspected for safety by defendant Niagara, defendants NEUMO and/or defendants John Does 3-6. All defendants, as the entities that designed, manufactured, owned, possessed, controlled, installed, serviced, repaired, replaced and/or otherwise maintained the CIP unit, its component parts, and its attachments, owed plaintiff a duty of care. As a result of the negligent conduct of the defendants, plaintiff sustained and continues to suffer from severe catastrophic injuries, including, but not limited to, significant second- and third-degree chemical burns to her arms, legs, and torso.”
For multiple counts of negligence and strict products liability, the plaintiff is seeking damages in excess of $50,000, plus costs, interest, delay damages and any other such relief deemed just and proper by this Honorable Court.
The plaintiff is represented by Robert J. Mongeluzzi, David L. Kwass and Gregory R. Kiss of Saltz Mongeluzzi & Bendesky, in Philadelphia.
The defendants have not yet secured legal counsel.
Allegheny County Court of Common Pleas case GD-23-002877
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com