PITTSBURGH – Defendants in a negligence and strict liability lawsuit, filed after an up-cut saw severed the plaintiff’s right hand just above his wrist during his work, have successfully motioned to have the case transferred to Allegheny County’s Commerce and Complex Litigation Center.
Timothy Weiner of Norvelt first filed suit in the Allegheny County Court of Common Pleas on Sept. 8, 2021 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, 2022, 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.
UPDATE
On April 11, the defendants motioned to have the case moved to the Allegheny County Commerce and Complex Litigation Center.
“The parties to this action move for the assignment of this action to the Commerce and Complex Litigation Center because this matter meets the criteria for ‘Complex Litigation’ as set forth in Allegheny County’s description of the docket and procedures of the Commerce and Complex Litigation Center. Specifically, this action involves: (1) Numerous separately represented parties with differing interests; (2) A high degree of novelty and complexity of factual and legal issues; (3) A significant amount in controversy; numerous liability and damages experts and (4) A trial which is expected to be lengthy,” the motion stated, in part.
“Plaintiff’s complaint seeks past, present and future damages for pain and suffering, medical expenses, and loss of earnings. Plaintiff also seeks damages for emotional distress and PTSD. In addition to copious medical records, adjudication of plaintiff’s medical conditions and associated damages claims require numerous experts, including medical doctors, mental health experts, and vocational rehabilitation experts. Additional reasons exist making a date certain beneficial for logistical reasons. Depositions of more than 10 non-party witnesses have been taken and these individuals would need to be subpoenaed for trial. Defendant Dierregi’s principal is an Italian citizen and resident, who would likely need to travel from Italy for trial.”
On April 17, Allegheny County Court of Common Pleas Judge Christine A. Ward granted the motion.
“Upon consideration of the joint motion for assignment to complex track, and any response thereto, it is hereby ordered and decreed that the motion is granted. This case shall be assigned to the Honorable Philip A. Ignelzi for further handling,” Ward stated.
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 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