A defective wood grinder has ignited a legal battle in Pennsylvania. On July 26, 2024, Westfield Insurance Company and Mulch Works Recycling, Inc. filed a complaint in the Pennsylvania Court of Common Pleas, Delaware County, against Terex USA, LLC, Terex Corporation, and Groff Tractor Mid Atlantic, LLC d/b/a GT Mid Atlantic.
The plaintiffs allege that a 2020 CBI Magnum Force 5800BT horizontal wood grinder caught fire on October 28, 2022, causing substantial damage to Mulch Works Recycling's property. According to the complaint, the product was designed and manufactured by Terex and sold by GT Mid Atlantic. The plaintiffs claim that the fire resulted from defects in the grinder that made it unreasonably dangerous. "The Product was defective and failed to function as it was intended which in turn caused the Product to unexpectedly and catastrophically fail igniting the Fire," states the complaint.
Westfield Insurance Company asserts that it had provided insurance coverage for Mulch Works under Policy No. TRA4731411 and paid $274,487.14 for damages resulting from the fire. Consequently, Westfield is now subrogated to Mulch Works' rights against Terex and GT Mid Atlantic to recover these payments. Additionally, Mulch Works claims uninsured losses amounting to $111,084.80.
The lawsuit includes multiple counts: negligence, strict products liability, breach of warranties (both express and implied), and negligent misrepresentation against both Terex entities and GT Mid Atlantic. The plaintiffs argue that both companies failed in their duty of care by placing a hazardous product into commerce without adequate warnings or instructions for safe use. Specific allegations include improper design and manufacturing practices such as "improperly securing and/or routing the fuel line" which allegedly led to its perforation and subsequent fire.
The plaintiffs seek judgment exceeding $385,571.54 along with pre-judgment interest, post-judgment interest, costs of litigation, and any other relief deemed appropriate by the court.
Representing the plaintiffs are attorneys from the Law Offices of Robert A. Stutman P.C., specifically Michael F. Wallace Esq., who filed this case under Civil Action No.: [case number not provided]. The case will be presided over by judges at the Pennsylvania Court of Common Pleas in Delaware County.