The Herald, Sharon, Pa.

Local News

July 24, 2013

Sparring focuses on which court should hear lawsuits

SALEM TOWNSHIP — A recent Commodore Perry High School graduate has filed two lawsuits in Mercer County Common Pleas Court stemming from a wood shop accident, but two of the parties are squabbling over the proper court in which the suits should be heard.

Dakota Beck and his mom, Lori, sued Delta International Machinery Corp., Anderson, S.C., the maker of a saw on which Beck suffered a serious hand injury, and Saw Sales and Machinery Co., Gibsonia, which sold the saw to the school in 2003.

Beck, 18, of 337 Osborn Road, Salem Township, was using a 10-inch Delta Industrial Unisaw on Jan. 7, 2011, when a piece of wood he was cutting kicked back and his hand came in contact with the blade, amputating his left index finger and causing other injuries to his hand, according to the suits.

The product liability suits say the saw was defective for not having technology that would have prevented it from continuing to operate when it comes in contact with a user’s hand, or an interlock feature.

It also was defective for failing to have appropriate warnings and labels, the suits said.

Delta has had the suit against it moved to federal court because the parties are based in different states.

However, Beck has asked the federal judge to send it back to Mercer County.

Beck’s attorney Carl R. Schiffman, Pittsburgh, said he has been in communication with Delta attorneys at Eckert Seamans Cherin and Mellott of Pittsburgh, and informed them that he intended to consolidate the cases in Mercer County and amend them because Beck is no longer a minor.

“Nevertheless, (Delta) removed the case in July 17, 2013,” Schiffman said.

Schiffman said the two suits should be heard together because they arise from the same incident; judicial resources will be “preserved” if only one judge presides; the parties expenses would be lower in consolidated cases; “inconsistent results” might occur of two trials are held; and Saw Sales is likely to list Delta as a defendant in the state court suit, making Delta defend itself in two courts.

U.S. District Court Judge Nora Barry Fischer has given Delta until Aug. 15 to respond to the remand motion

Neither Delta nor Saw Sales have filed official answers to the suits.

Dakota graduated from Commodore Perry in June.

1
Text Only
Local News
  • Police: Kids in car were OK

    The mother of two young children was drunk and passed out when police found them all in a car parked along a city street, Sharon police said.

    July 29, 2014

  • To talk – or not – about police

    The mysterious agenda item, “No. 10,” at Farrell’s council meeting Monday became the center of a heated workshop and business session.

    July 29, 2014

  • Community thanks its first-responders

    Sharpsville honored its emergency responders Sunday at an event that included Mertz Towers residents as special guests.

    July 28, 2014

  • Drilling boom challenges state inspectors

    The state’s 83 well inspectors face a daunting enough challenge keeping tabs on 120,000 active oil and gas wells that have been drilled over the last century.

    July 28, 2014

  • Kidds Mill Covered Bridge A span of time

    Four generations of the Cadman family have enjoyed the Kidds Mill Covered Bridge, which is in Pymatuning Township near where the family’s ancestral farm is located.

    July 28, 2014 3 Photos

  • Intruder hurts woman, takes $5

    A home invasion in Hermitage Friday night sent an elderly woman to the hospital and netted the robber $5.

    July 27, 2014

  • national night out March against crime set for Aug. 5

    At the last Southwest Mercer County Regional Police Commission meeting, Chief Riley Smoot Jr. presented the number of incidents for each of the four communities in May.

    Farrell topped out at 819.

    July 27, 2014 1 Photo

  • high street trail Peaceful pathways

    History buffs and picnickers in the Shenango Valley won’t have to drive to Sharpsville to hang out at the old Erie Canal extension lock. They’ll soon have the option to walk or roll in on bicycles and even powered chairs to visit Canal Park near the outflow of Shenango Dam.

    July 27, 2014 1 Photo

  • balloonquest1 Balloon Quest celebrates 25 years

    Today is the final day of the 25th annual Western Pennsylvania Balloon Quest at Scotland Meadows Park.

    July 27, 2014 1 Photo

  • News briefs from July 26, 2014

    Man faces bomb threat charges

    June building tops $4 million in Hermitage

    July 26, 2014

  • Elderly man survives plane crash

    An elderly man survived wrecking his plane into a bank, then landing into a wetland, about 200 feet south of Runway 28 at Grove City Regional Airport in Springfield Township on Friday.

    July 26, 2014

  • Dontae Rashad Pinkins Man arrested for April gunfight

    Federal marshals and local police arrested Dontae Rashad Pinkins Thursday on a warrant accusing him of involvement in an April gunfight with another man in a Sharon alley.

    July 26, 2014 1 Photo

  • Hearing changed in starving case

    The time and place for the preliminary hearing of a Greenville mom accused of starving and beating her 7-year-old young son has been changed.

    July 26, 2014

  • Schell working on mural Drawn to Mexico

    Jason Schell probably is not exaggerating when he says that millions of people have seen his art.

    July 26, 2014 4 Photos

  • Farrell man, 24, arrested on warrant in connection with April shooting

    Federal marshals and local police arrested Dontae Rashad Pinkins Thursday on a warrant accusing him of involvement in an April shootout in Sharon.


    Pinkins, 24, of Farrell, is in Mercer County Jail after failing to post bond on gun charges.

    Additional details to follow.
     

    July 25, 2014