MEDIA – A Philadelphia man alleges he lost two fingers on his right hand in a hydraulic bending machine, due to the device not being equipped with necessary guards and warnings to its users.
Amari Moulton of Philadelphia filed suit in the Delaware County Court of Common Pleas on Sept. 12 versus Skyline Emissions, Inc., ESW Group, Inc. (doing business as “ESW Group”), Environmental Solutions Worldwide, Inc. (doing business as “ESW Group”), ESW America, Inc., ESW CleanTech, Inc. and Technology Fabricators, Inc., all of Montgomeryville, plus E.G. Heller’s Son, Inc. of Los Angeles, Calif., M.G. Srl of Italy, John Doe Management Company, John Doe Ownership Company, John Doe Service Company, John Doe Manufacturer and John Doe Distributor.
“At all times mentioned herein and material hereto, plaintiff Amari Moulton was employed as a fabricator at a manufacturing facility located at 200 Progress Drive, Montgomeryville, PA. Fabricators are required to perform various metal fabrication tasks associated with building of diesel exhaust system components,” the suit says.
“Fabricators at this facility are required to be physically capable of rolling, seam welding, pressing, coining, and forming various exhaust system components. Fabricators utilized a hydraulic plate bending machine (Model: PK 05 – Serial No. 06134) designed, manufactured, advertised, marketed, sold and shipped by defendants E.G. Heller’s Son, Inc., M.G. Srl, John Doe Manufacturer and John Doe Distributor. The M.G. Srl hydraulic plate bending machine lacked necessary guards and warnings.”
The suit adds that due to the catastrophic injury suffered by the plaintiff, he is unable to perform even the most basic job duties, at any job, including typing.
“On or about Oct. 30, 2021, plaintiff, in the course and scope of his duties at the facility, was working the warehouse located at 200 Progress Drive, Montgomeryville, Pennsylvania. Upon information and belief, plaintiff was tasked with utilizing a hydraulic plate bending machine. The hydraulic plate bending machine is designed and intended to be used for the processing of sheet metal to impart a bend. Factory defendants tasked plaintiff with improper and unsafe use of the hydraulic plate bending machine that is contrary to the operator’s manual. On or about Oct. 30, 2021, due to deficient and inadequate policies and procedures, plaintiff was tasked with using the hydraulic bending machine to flatten metal rope. On or about Oct. 30, 2021, due to deficient and inadequate policies and procedures, plaintiff was provided inappropriate, improper and insufficient personal protective equipment,” the suit states.
“On or about Oct. 30, 2021, plaintiff was tasked with feeding the metal rope into the hydraulic bending machine, when the rope caught onto plaintiff’s glove and dragged his right hand into the rollers. Factory defendants failed to implement necessary training and protocols that would have prevented this accident. All defendants failed to install necessary guarding and warnings on the hydraulic bending machine that would have prevented this accident. All defendants failed to provide a proper, appropriate and safe machine to perform work. As a result of defendants’ failures, plaintiff suffered serious and permanent injuries including amputations to the second and third digits of his right hand.”
For multiple counts of negligence and strict liability, the plaintiff is seeking, jointly and/or severally, compensatory damages in excess of $50,000, delay damages pursuant to Pennsylvania Rule of Civil Procedure 238, interest and allowable costs of suit.
The plaintiff is represented by Larry Bendesky, Adam J. Pantano and Jordan L. Howell of Saltz Mongeluzzi & Bendesky, in Philadelphia.
The defendants have not yet obtained legal counsel.
Delaware County Court of Common Pleas case CV-2023-007817
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com