Metalworker whose fingers were amputated files products liability claim against Tennsmith Inc.
Mar. 28, 2014, 7:04am
A Bucks County man who says he sustained serious and irreversible injuries
when his fingers were amputated by a metal shearer while at work has filed a products liability complaint against the makers of the device.
Albert Mueller, a resident of Levittown, Pa., is suing Tennessee-based Tennsmith Inc. over injuries he says he sustained back on April 28, 2012, while at work at Sherwood Steel Inc.
The plaintiff’s job in the metal fabrication department requires him to use a Tennsmith metal shearer, the lawsuit states.
It was during one of those times that Mueller had his right index, right middle and right ring finger on his hand amputated by the defendant’s product.
The injuries occurred on the plaintiff’s right hand, which is his dominant hand, the complaint states.
Mueller required surgery, physical therapy and other medical care and attention due to his injuries.
He says he experienced great physical pain and suffering, mental anguish, chronic pain and agony as a result of the workplace incident.
Mueller also maintains he will continue to incur lost wages as a result of the accident due to his inability to work using his hands.
The lawsuit contains counts of negligent product liability, strict liability, and warranty.
The defendant stands accused of manufacturing and selling a product in a defective condition.
The metal shearers in question were “unreasonably dangerous to its users,” the complaint says, specifically because it has no guard or safety devices to protect workers from possible amputation.
“The lack of a guard, safety devices and/or warnings on the Defendant’s mechanical shears was the direct and proximate result of the negligence, carelessness and recklessness of the Defendant …,” the complaint reads.
The plaintiff says he has been left permanently partially disabled due to the workplace incident.
Mueller seeks more than $150,000 in damages plus attorney’s fees, interest, costs and delay damages.
The lawsuit was filed on March 26 by attorney Clifford D. Bidlingmaier of the Bucks County firm Kardos, Rickles, Hand & Bidlingmaier.
The federal case number is 2:14-cv-01785-JHS.