Sander Equipment Product Liability Complaint 4

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Complaint

Plaintiffs, John Riemma and Connie Riemma state the following in support of their complaint against defendants, Delta/Rockwell and Porter-Cable Corporation (“Porter-Cable”):

Background

1. Plaintiffs, John Riemma and Connie Riemma reside in Hanover Park, Illinois.

2. Defendant Porter-Cable is a Minnesota corporation doing business in the State of Illinois and maintaining offices at 311 Laura Drive, Addison, Du Page County, Illinois.

3. On information and belief defendant Porter-Cable distributes its products through several distributors located in Cook County.

4. On information and belief defendant Porter-Cable is the owner of defendant Rockwell/Delta and/or its successor in interest.

5. On December 4, 1998 plaintiff John Riemma was employed by Werner Company at its Franklin Park, Illinois facility.

6. On December 4, 1998 John Riemma was operating a machine generally referred to as a corner sander which was owned or utilized by his employer, the Werner Company at its Franklin Park, Cook County, Illinois facility.

7. The subject comer sander was manufactured by Rockwell/Delta and is identified as Serial number EK 8886, model number 31-710, asset number 1745.

8. Plaintiff John Riemma was injured while operating the subject sander and suffered severe injuries to his dominant right hand resulting in amputation of his right thumb.

Strict Product Liability

9. Plaintiffs reallege paragraphs one through seven as if fully restated herein.

10. Prior to December 4, 1998, defendant Rockwell/Delta designed, manufactured and placed into the stream of commerce a certain corner sander identified as Serial number EK 8886, model number 31-710, asset number 1745 which was involved in the instant accident.

11. It was the duty of defendants in designing, manufacturing, selling and servicing the subject machine to make it reasonably safe for its intended and foreseeable uses, and to ascertain that the sander was free from defects which would render it unsafe.

12. In violation of their duty, defendants designed, manufactured and sold the subject sander in a defective, unsafe and unreasonably dangerous condition in one or more of the following respects:

(a) It was not reasonably safe for its intended or foreseeable uses;

(b) It lacked warnings and instructions necessary to reasonably inform its owners and users as to its proper and safe use;

(c) It did not contain necessary and reasonable guardings to prevent hands and fingers of foreseeable users from being caught in the sanding blade.

(d) It was otherwise unreasonably dangerous for its intended and foreseeable uses.

13. As a direct and proximate result of one or more of the foregoing defects contained in the Rockwell/Delta sander, John Riemma was seriously and permanently injured which injury resulted in the amputation of his right dominant thumb.

14. As a direct and proximate result of said accident, John Riemma has incurred and will continue to incur substantial medical expenses. He has also lost and will lose in the future substantial income.

15. Plaintiff John Riemma has suffered and will continue to suffer from substantial pain, discomfort, disability and the loss of enjoyment of the normal life he experienced up to the moment of his accident.

WHEREFORE, plaintiff John Riemma demands judgment against defendants Rockwell/Delta and Porter-Cable Corporation in excess of $50,000.

Negligence

16. Plaintiffs reallege paragraphs one through eight as if fully restated herein.

17. It was the duty of defendants in designing, manufacturing, selling and servicing the subject corner sander to use due care in order to avoid foreseeable harm to intended users including plaintiff.

18. In violation of their duty, defendants permitted the subject corner sander to enter the stream of commerce even though it was negligently designed, manufactured, sold and/or serviced in one or more of the following respects:

(a) It lacked adequate, appropriate and necessary warnings and instructions;

(b) It lacked warnings and instructions necessary to reasonably inform its owners and users as to its proper and safe use;

(c) It did not contain a guarding to prevent the users' hands and fingers from being caught in the sanding blade.

19. As a direct and proximate result of one or more of the foregoing acts of negligence on the part of defendants, John Riemma was seriously and permanently injured which injury resulted in the amputation of his right dominant thumb.

20. As a direct and proximate result of said accident, John Riemma has incurred and will continue to incur very substantial medical and life care expenses. He has also lost and will lose in the future substantial income.

21. Plaintiff John Riemma has suffered and will continue to suffer from substantial pain, discomfort, disability and the loss of enjoyment of the normal life he experienced up to the moment of his accident.

WHEREFORE, Plaintiff John Riemma demands judgment against defendant Rockwell/Delta and Porter-Cable Corporation in an amount in excess of $50,000.

Loss of Consortium

22. Plaintiff Connie Riemma realleges paragraphs one through eight as if fully restated herein.

23. On or before December 4, 1998 Connie Riemma was the wife and lawful spouse of plaintiff John Riemma.

24. As a result of the accident on December 4, 1998 plaintiff Connie Riemma has become obligated for the medical expenses of John Riemma and will become obligated for the future medical expenses of John Riemma.

25. As a result of the accident on December 4, 1998 Connie Riemma has been injured in that her consortium relationship with her husband, John Riemma has been diminished due to the injuries and disabilities suffered by John Riemma.

WHEREFORE, plaintiff Connie Riemma demands judgment against defendant Rockwell/Delta and Porter-Cable Corporation in an amount in excess of $50,000.

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