PITTSBURGH – A Turtle Creek manufacturing company argues that a Western Pennsylvania man’s claims that he lost two fingers on his left hand when a heavy-duty cylindrical cask he was helping to load onto a cask slipped from a skid and crushed his hand, are procedurally insufficient.
Peter Rotondo of Millvale first filed suit in the Allegheny County Court of Common Pleas on Dec. 13 versus Holtec Manufacturing Division, Inc., Holtec International Manufacturing Division and Holtec International of Turtle Creek, plus John Doe and ABC Corporation.
“The events complained of occurred on or about Dec. 18, 2020, at defendant Holtec’s facility, located in Turtle Creek, Allegheny County, Pennsylvania. At all times material hereto, defendant Holtec and/or defendant ABC Corporation had a responsibility, and duty to ensure a safe working environment to all individuals performing work at their facility, including plaintiff Peter Rotondo. Rotondo was acting within the course and scope of his employment with Deufol Sunman, Inc., and was present at defendant Holtec’s facility in order to perform his job duties,” the suit said.
“Rotondo was assisting with loading a Hi-Star cylindrical cask onto a skid, a cask which weighed well in excess of 100,000 pounds. The Hi-Star cylindrical cask was being loaded onto a skid by a crane, a crane which was being operated by defendant John Doe, an agent/servant/employee of defendant Holtec, or in the alternative, an agent/servant/employee of defendant ABC Corporation. The Hi-Star cylindrical cask was caused to be shifted, moved and/or slipped from the crane as it was being loaded onto the skid, which resulted in plaintiff Rotondo’s left hand being crushed between the Hi-Star cylindrical cask and the skid that it was being loaded onto.”
The suit added that the collective negligence of the defendants led Rotondo to suffer a series of personal injuries and damages.
“As a direct and proximate result of the joint, several and combined negligence and carelessness of defendant Holtec, John Doe and ABC Corporation, plaintiff Rotondo sustained the following injuries, some or all of which may be permanent in nature: Crush injury to his left hand and fingers; severing and amputation of part of his left index and middle fingers; various other injuries to his body as more specifically identified in his medical records and injuries and damages to the muscles, bones, ligaments, soft tissues, tendons and nerves of the various aforementioned areas of his body,” the suit stated.
UPDATE
On May 16, the Holtec defendants filed preliminary objections, finding that Paragraph 22(aa) of the complaint constituted “a generalized allegation of negligence and should be stricken.”
“Sub-Paragraph 22(aa) alleges ‘such other acts of negligence and carelessness as may hereinafter be revealed during discovery and/or at the time of trial of this matter.’ In the case Connor v. Allegheny General Hospital, the Supreme Court of Pennsylvania held that a defendant faced with general allegations of negligence in a complaint was obligated to file preliminary objections to strike such generalized allegations of negligence or be subject to later amendments to the pleadings without recourse. In the present case, the allegations set forth in Sub-Paragraph 22(aa) of plaintiff’s complaint constitute improper vague and general allegations of negligence that must be stricken pursuant to the Connor case,” the objections stated.
“These allegations are too general and too vague and preclude moving defendants from meaningfully interpreting such allegations and preclude moving defendants from being able to meaningfully defend themselves in this matter. For the foregoing reasons, moving defendants Holtec Manufacturing Division, Holtec International Manufacturing Division and Holtec International respectfully requests the entry of the attached order sustaining defendants’ preliminary objections and striking the allegations set forth in Sub-Paragraph 22(aa) of plaintiff’s complaint in the form of the order attached.”
For multiple counts of negligence, the plaintiff is seeking damages in excess of the mandatory arbitration limits of Allegheny County, plus all associated interest, costs and such other relief as this Honorable Court may deem to be just and appropriate.
The plaintiff is represented by Christopher M. Miller and Shawn D. Kressley of DelVecchio & Miller, in Pittsburgh.
The defendants are represented by R. Erick Chizmar of the Law Offices of W. Kelly McWilliams, in Philadelphia.
Allegheny County Court of Common Pleas case GD-22-015384
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com