A personal injury lawsuit was sent back to state court by a federal judge. The lawsuit was initiated by a Pennsylvania man who claims that he sustained a serious workplace injury after a heavy mounted crane fell, hitting him on the shoulder and back while he was working. The complaint asserts negligence claims against four different companies.
According to the records, the plaintiff filed a motion with the U.S. District Court for the Eastern District of Pennsylvania to have the case remanded to the Philadelphia Common Pleas Court. The motion was filed on the grounds that complete diversity was not present between the parties and that the plaintiff did not state a claim upon which relief could be granted. The lawsuit claims that the plaintiff sustained spinal fractures, a permanent deformity of the spine and bone fragments after the heavy crane fell on top of him.
The confusion over whom the main defendants should be is related to the fact that the man was a temporary worker at the time. It is not clear whether the temporary agency or the company he was working for at the time, through the temporary agency, should be held liable since it was that company’s crane that fell on the plaintiff.
When a person is injured on the job, employers and their insurance companies may try to avoid paying any compensation to the injured worker. If a company cannot dismiss a claim, the company may try to offer a very low settlement amount. An experienced Philadelphia attorney with a background in workers’ compensation cases may be able to help. An attorney may be able to fight on behalf of an injured worker in order to get a fair and substantial settlement.
Source: The Pennsylvania Record, “Worker’s injury case against U-Haul, others sent back to Phila. Common Pleas Court“, Jon Campisi, July 17, 2013