YORK – A shipping and receiving associate at an air conditioner manufacturing facility who was struck with a forklift while on the job, says the company was reckless in its protocols – which he adds allowed the accident to happen and did not report it to the Occupational Safety and Health Administration (OSHA).
Adrian J. Thomas of York filed suit in the York County Court of Common Pleas on April 18 versus Trans-Air Manufacturing, Corp. of Dallastown.
“At all times relevant to this action, plaintiff was employed by Aerotek, Inc., 3411 Concord Rd., York, PA, 17402. On or around July 10, 2023, plaintiff began working at defendant’s manufacturing facility located at 480 E. Locust Street, Dallastown, PA 17313., as an employee of Aerotek between the hours of 7 a.m. and 3:30 p.m., Monday through Friday, making $18/hour as a shipping/receiving associate. On Oct. 13 2023, at approximately 2:45 p.m., while working in his designated work area, plaintiff was struck from behind without warning by a forklift being operated by Ashley Brenneman, a supervisor employed by defendant,” the suit says.
“As a result of being struck by the forklift, plaintiff was knocked to the ground, causing him acute pain and lacerations to his leg, and required immediate medical attention. Another employee, Bruce McDougle, witnessed the accident, and stated that at the time of the accident, Ashley was driving the forklift forward in plaintiff’s work area while carrying two skids of materials stacked one on top of the other, and did not see plaintiff in her path. Following the accident, Ashley apologized to plaintiff and stated that she did not see him when she struck him. In the days following the accident, plaintiff suffered from continuous acute pain to his left leg and foot, which caused sleep deprivation and emotional distress.”
The suit continues that on Oct. 16, 2023, the plaintiff was examined at Concentra Urgent Care by Dr. Rashida Lawrence, and diagnosed with a hematoma, lacerations to his left leg and a dislocated toe, all of which were caused by the accident.
“Since the accident, plaintiff has suffered daily pain, sleep deprivation, and emotional distress due to his injuries. He also has difficulty walking. Prior to the accident, defendant failed to provide a safe working environment for its employees by failing to mark its facility with safety lines to differentiate between work areas and forklift lanes, in violation of OSHA [regulations]. Prior to the accident, defendant failed to adequately train Ashley Brenneman on how to properly move materials with a forklift in accordance with OSHA standards; specifically: That carrying two skids of materials stacked on top of one another on one set of forks, that driving forward while carrying a load that the driver cannot see over or around and that driving into another person’s work area or where pedestrian traffic is located without utilizing a safety horn or beep [are all violations of OSHA regulations],” the suit states.
“Following the accident, defendant failed to report the accident to OSHA, as required by OSHA [regulations]. On March 14, 2024, plaintiff received information from a representative of OSHA that defendant had not reported any incident or accident involving plaintiff on Oct. 13, 2023. Upon information and belief, defendant failed to report plaintiff’s injury to OSHA because it knowingly conducts business in violation of multiple OSHA requirements, including, but not limited to, the violations that caused his injuries on Oct. 13, 2023. Defendant was recklessly indifferent to the dangers posed to plaintiff and other non-forklift drivers by permitting its forklift drivers to operate in a reckless manner with no supervision, without the use of safety lines, without sufficient OSHA safety training and failing to report safety violations to OSHA.”
For counts of negligence, failure to train and supervise and vicarious liability, the plaintiff is seeking compensatory damages in an amount to be determined by the jury for pain and suffering, and punitive damages in the amount of $50,000 for actions that were performed with a reckless indifference to the safety of plaintiff and others.
The plaintiff is representing himself in this matter.
The defendant has not yet retained legal counsel.
York County Court of Common Pleas case 2024-SU-001111
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com