PITTSBURGH – A Swedish manufacturer of a wire drawing machine has filed to transfer litigation brought against it by a Western Pennsylvania man who claims he suffered a traumatic brain injury and multiple facial fractures when a component of the machine dislodged and struck him, to federal court.
Daniel Buck of Johnstown first filed suit in the Allegheny County Court of Common Pleas on May 10 versus Lamnea Bruk AB, of Ljusfallshammar, Sweden.
“A wire drawing machine reduces the cross-section of a steel wire by pulling the steel wire through a series of compartments containing dies. A wire drawing machine consists of multiple compartments containing dies and drawing blocks. An operator is required to thread the steel wire through a die in each compartment and attach the end of the wire to a drawing block using a large metal chain and hook called a ‘Puller’. After the operator attaches the Puller to the drawing block the wire drawing machine is activated and an electric motor pulls the steel wire through the die and around the drawing block,” the suit stated.
“There are three speeds on the wire drawing machine, the lowest speed is called jog, the intermediate speed is called auto and the faster speed is called run. The compartments of each machine are closed when in operation and the operator is required to visually inspect the wire revolving around the drawing block through a clear laminate. After the drawing block is halfway filled with the steel wire, the operator then is required to remove the Puller and allow the machine to finish drawing the wire around the drawing blocks and through each compartment coming out of the end of the machine onto a large spool.”
The suit continued that on Aug. 4, 2023, plaintiff Buck was employed by Liberty Wire in Johnstown and assigned to operate the wire drawing machine.
“On Aug. 4, 2023, plaintiff was threading steel wire through a die in the wire drawing machine using a Puller which was attached to the drawing block. After plaintiff attached the Puller to the drawing block, he closed the compartment and began running the machine Puller. The Puller became disengaged from the drawing block and with extreme force, crashed through the glass laminate where plaintiff was watching the operation, striking plaintiff in the face, knocking him to the ground and causing him to sustain a traumatic brain injury and multiple facial fractures,” the suit said.
“Plaintiff’s injuries were caused by the defective and dangerous condition of the wire drawing machine in that the wire drawing machine would run at speeds that would cause the Puller apparatus to disengage. Plaintiff’s injuries were caused because the wire drawing machine was defective and dangerous in that it failed to contain an interlock that restricted the speed at which the machine would operate when the Puller equipment was being used to attach the wire to the drawing block. Plaintiff’s injuries were caused by the defective and dangerous condition of the wire drawing machine in that it did not contain specific and/or adequate warnings to notify the operator to not use the auto or full run mode when the Puller is attached because it could cause death or serious injury. Plaintiff’s injuries were caused by the defective and dangerous condition of the wire drawing machine in that the machine did not contain an adequate guard or clear cover in the area where the operator was required to look to watch the machine run.”
UPDATE
On July 9, defense counsel filed to remove the case to the U.S. District Court for the Western District of Pennsylvania, citing diversity of citizenship between the parties and the amount of damages in question.
“Complete diversity of citizenship exists amongst the parties as follows: (a) It is defendant’s understanding that, based on the averments in the complaint, plaintiff is a citizen of Pennsylvania and currently resides in Cambria County, Pennsylvania; (b) Lamnea Bruk is and was at the time of the commencing of this action, a foreign entity with its principal place of business in Ljusfallshammar, Sweden. The amount in controversy meets or exceeds the sum of $75,000.00, exclusive of interest and costs,” the removal motion stated.
“Specifically, in the complaint, plaintiff has asserted that he is entitled to compensatory damages for bodily injuries including a traumatic brain injury and multiple facial fractures. Therefore, the amount in controversy, exclusive of interest and costs, meets or exceeds the jurisdictional requirements for diversity jurisdiction. The petition for removal was filed within 30 days of the date plaintiff’s complaint was served on this defendant. Thus, this petition for removal is filed timely under 28 U.S.C. Section 1446(b)(1).”
For counts of negligence and strict liability, the plaintiff is seeking damages in excess of the compulsory arbitration limits, plus interest, costs and punitive damages.
The plaintiff is represented by Albert J. Evans of Fanelli Evans & Patel in Pottsville, plus Edward D. Fisher of Provost Umphrey, in Beaumont, Texas.
The defendant is represented by Stuart H. Sostmann and James P. Cullen of Marshall Dennehey, in Pittsburgh.
Allegheny County Court of Common Pleas case GD-24-005353
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com