PITTSBURGH – The Coca-Cola Bottling Company has been dismissed from injury litigation surrounding severe burn injuries sustained by a bottling plant batching operator, who claimed that a hose attached to clean-in-place unit separated from its apparatus and sprayed a mixture of harmful chemicals on her body.
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 said.
“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 added 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 stated.
“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.”
Defendants Niagara Bottling, LLC and Milesburg Properties, LLC filed to remove the action to the U.S. District Court for the Western District of Pennsylvania on April 24, based on diversity of citizenship between the parties and the amount of damages in question.
“At all times relevant to the action, plaintiff was and remains a resident of Pennsylvania. At all times relevant to the action, defendant Niagara Bottling LLC has been and remains a Delaware limited liability company, with its registered agent located at 850 New Burton Road, Suite 201, Dover, Delaware 19904. At all times relevant to the action, Milesburg Properties LLC has been and remains a Delaware limited liability company, with its registered agent located at 850 New Burton Road, Suite 201, Dover, Delaware 19904. At all times relevant to the action, defendant VNE Corporation has been and remains a Wisconsin Business Corporation with its principal office located at 1149 Barberry Dr., Janesville, Wisconsin 53545. At all times relevant to the action, defendant Rieger Flow Products, LLC has been and remains a Wisconsin Domestic Limited Liability Company with its principal office located at 6121 Green Bay Rd., Suite 220, Kenosha, Wisconsin 53142. According to the complaint, defendant NEUMO Ehrenberg Group is a German business entity,” the removal notice said.
“Plaintiff also alleges that she is entitled to damages in an amount ‘in excess of’ $50,000 from the Niagara defendants, and further demands delay damages. The amount in controversy exceeds $75,000, exclusive of interests and costs, as the action alleges that plaintiff suffered personal injuries and trauma that she alleges amount to ‘severe catastrophic’ harm. Plaintiff therefore seeks damages in an amount in excess of $75,000, exclusive of interest and costs, and meets the amount in controversy requirements of 28 U.S.C. 1332(a). Accordingly, this Court has subject matter jurisdiction over this action. As there is complete diversity of citizenship and the amount in controversy exceeds $75,000, exclusive of interest and costs, this Court has original jurisdiction over this action pursuant to 28 U.S. Section 1332.”
UPDATE
Back in the state court, plaintiff counsel and defense counsel for Coca-Cola Bottling Company mutually filed a stipulation of dismissal on Aug. 14, which removed the Coca-Cola group from the case for now.
“Plaintiffs and defendant Coca-Cola Bottling Company United, Inc., through their respective counsel, hereby stipulate that all claims asserted against CCBCU in the above-captioned action are hereby dismissed without prejudice and without costs to any party. It is further stipulated between plaintiff and CCBCU that plaintiff may file a motion to join CCBCU back into the above-captioned action upon the discovery of additional facts that support claims against CCBCU. This motion must be filed within 30 days of the expiration of the discovery deadline. It is further stipulated that if plaintiff files a motion to join CCBCU to the above-captioned action, CCBCU shall be permitted to file a response in opposition to the motion to join CCBCU,” per the stipulation.
“Defendant CCBCU and plaintiff agrees that in the event plaintiff reinstitutes its complaint against CCBCU after the expiration of the statute of limitations, plaintiff will be limited to only the causes of action set forth in her original complaint. Moreover, CCBCU retains and may assert any and all other defenses in the event they are joined in this matter. If the Court determines that there is sufficient new evidence to support a claim against CCBCU, plaintiff and CCBCU stipulate that CCBCU shall be allowed to re-depose any witnesses already deposed and to depose additional witnesses, propound discovery, and retain experts. This agreement shall not function to prejudice the right of CCBCU to defend any claims asserted against them.”
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 are represented by Barry L. Cohen, Joshua Upin and Kira N. Lum of Royer Cooper Cohen Braunfeld, also in Philadelphia, plus Brendan K. Birmingham and Michael F. Nerone of Pion Nerone Girman Winslow & Smith, in Pittsburgh.
U.S. District Court for the Western District of Pennsylvania case 2:23-cv-00659
Allegheny County Court of Common Pleas case GD-23-002877
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com