SCRANTON – A Lackawanna County man alleges that collective product liability on the part of manufacturers of an off-road utility vehicle and negligence on the part of the commercial operators of land where the vehicle overturned, resulted in the plaintiff’s wife dying by drowning in a UTV accident.
Steven Uchic of Jermyn first filed suit in the Lackawanna County Court of Common Pleas on March 21 versus Polaris Industries, Inc. and Polaris Sales, Inc. of Medina, Minn., AmSafe Commercial Products, Inc. of Phoenix, Ariz., TransDigm Group, Inc. of Cleveland, Ohio, SHIELD Restraint Systems, Inc. of Elkhart, Ind., Stavola Silverbrook Land, LLC, Stavola Silverbrook Realty, LLC, Stavola Holdings Pennsylvania, LLC, Stavola Pennsylvania Holdings, LLC, Stavola Construction Materials, Inc., Stavola Summit Land, LLC, Stavola Summit Materials and Summit Anthracite, Inc., all of Tinton Falls, N.J., and Silverbrook Anthracite, Inc. of Laflin.
“On or about April 2, 2022, the Uchic family, consisting of plaintiff, his wife, Jamie Lynn Uchic, and minor children, A.U. and W.U, embarked on a family ride on their 2013 Polaris Ranger off-road utility vehicle bearing the VIN of 4XAUH9EAXDB158573, hereinafter referred to as the ‘UTV.’ Plaintiff was driving the UTV and minors A.U., W.U. and Jamie Lynn Uchic were passengers. All occupants of the UTV were belted using the factory provided seatbelts/safety harnesses. Shortly after leaving the family home in Jermyn, PA, the family entered an off-road area via well-worn and easily accessed paths. The land was not properly posted to restrict persons from entering including plaintiff,” the suit says.
“The UTV proceeded upon the path. As the UTV encountered what appeared to be a ‘puddle,’ the UTV began to roll over toward its passenger side. As the UTV rolled over to its passenger side, it along with the Uchic Family began to sink into icy cold waters until completely submerged with the family, plaintiff, minors A.U. and W.U., and Jamie Lynn Uchic, trapped inside. Plaintiff struggled, nearly drowning until he was able to reach the surface for a breath of air. Plaintiff dove below the surface of the water to assist the family out of their seatbelts/harnesses. After several failed attempts, plaintiff pulled his daughter to the surface and onto land. Steven Uchic then pulled his son from the water in the same manner. W.U. turned blue from being submerged in the icy-cold water, but still breathing, when he was pulled from the water.”
The suit adds that the plaintiff’s wife, Jamie Lynn Uchic, was unable to free herself and an autopsy would later confirm that her cause of death was drowning.
“At the time of the incident, the Uchic family was lawfully upon the land owned, maintained, operated, leased and/or controlled by defendants Silverbrook Anthracite Inc., Summit Anthracite Inc., Stavola Summit Materials, Stavola Summit Land, LLC, Stavola Construction Materials, Inc., Stavola Pennsylvania Holdings, LLC, Stavola Holdings Pennsylvania, LLC. Stavola Silverbrook Realty LLC, and/or Stavola Silverbrook Land, LLC, collectively, individually, jointly and/or in the alternative. At the time of the incident, the Uchic family were invitees and/or licensees permitted to enter upon and access the defendants’ land,” the suit states.
“On or about April 2, 2022, the land owned, maintained, operated, leased and/or controlled by defendants Silverbrook Anthracite Inc., Summit Anthracite Inc., Stavola Summit Materials, Stavola Summit Land, LLC, Stavola Construction Materials, Inc., Stavola Pennsylvania Holdings, LLC, Stavola Holdings Pennsylvania, LLC. Stavola Silverbrook Realty LLC, and/or Stavola Silverbrook Land, LLC, contained dangerous conditions which exposed entrants upon the land to serious risk of substantial harm and/or death.”
The plaintiff maintains that the Stavola and Silverbrook defendants held permits to conduct mining operations on the land in question and “failed to adequately warn and/or protect persons upon the land of dangers inherent in entering upon active and/or inactive land used for [said] mining” – and further, that the Polaris, AmSafe, TransDigm and SHIELD defendants “failed to properly manufacture and adequately document the dangers and issues with the UTV and seatbelts/safety harnesses it produced, as well failed to properly test its design to increase productivity at the expense of safety and/or did know and disregarded the risk.”
For counts of negligence, strict products liability, breach of implied warranty of merchantability, intentional infliction of emotional distress and negligent infliction of emotional distress, the plaintiff is seeking damages in excess of $50,000, plus compensatory damages, punitive damages and any such relief as this Honorable Court deems equitable, just and proper.
The plaintiff is represented by Christopher J. Szewczyk of Mazzoni Valvano Szewczyk & Karam, in Scranton.
The defendants have not yet secured legal counsel.
Lackawanna County Court of Common Pleas case 2024-CV-02130
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com