Case 2:22-cv-02838 Document 1 Filed 07/20/22 Page 1 of 11
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`FLORIO PERRUCCI STEINHARDT CAPPELLI TIPTON & TAYLOR, LLC
`JOHN R MININNO, ESQUIRE (PA Bar ID 69255)
`1010 Kings Highway South, Bldg. 2
`Cherry Hill, New Jersey 08034
`Telephone:
`(856) 853-5530
`Facsimile:
`(856) 354-8318
`Email:
`JMininno@floriolaw.com
`Attorneys for Plaintiff, Eric Hayes
`ERIC HAYES
`
`
`
`
`Plaintiff,
`
`UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF
`PENNSYLVANIA
`
`DOCKET NO.:
`
`Civil Action
`
`COMPLAINT AND JURY DEMAND
`
`
`
`
`
`
`
`
`
`v.
`
`
`
`
`AG-INDUSTRIAL OF EASTERN P.A., INC.;
`AG – INDUSTRIAL, INC.;CNH INDUSTRIAL,
`N.V.; CASE NEW HOLLAND INDUSTRIAL
`INC.; CNH INDUSTRIAL AMERICA, LLC;
`CASE NEW HOLLAND; JEWELL’S RED
`WING FARM, LLC; MARK W. JEWELL;
`BETH JEWELL; AMBER JEWELL; and A&E
`PARTNERSHIP LP
`
`
` Defendants.
`
`I.
`
`PRELIMINARY STATEMENT
`
`1.
`
`This is a products liability, negligence and premises liability claim resulting in personal
`injuries and other damages to Plaintiff, Eric Hayes which occurred on July 23, 2020, in a
`fire (the “Fire”) at barns located at Red Wing Farm (the “Barns”), 1531 Hilltown Pike,
`Hilltown, PA 18927 (the “Premises”).
`
`II.
`
`PARTIES
`
`2.
`
`3.
`
`Plaintiff, Eric Hayes, is an adult individual and citizen of the State of New Jersey.
`
`Defendant AG – Industrial, Inc. is a Pennsylvania Corporation with offices located at 110
`S. Railroad Avenue, New Holland, PA 17557; Defendant AG - Industrial of Eastern PA,
`Inc. is a Pennsylvania corporation with offices at 831 S. College Street, Myerstown,
`Pennsylvania 17067 (“AG Industrial Defendants”).
`
`1
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`
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`2:22-CV-2838
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`

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`Case 2:22-cv-02838 Document 1 Filed 07/20/22 Page 2 of 11
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`4.
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`5.
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`6.
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`7.
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`Defendant CNH Industrial, N.V. (“CNH Global”) is a publicly traded global company
`residing in the country of the Netherlands; Defendant Case New Holland Industrial Inc.
`(“Case New Holland”) is a wholly owned subsidiary of CNH Global with a registered
`office in the State of Delaware at 1209 Orange Street, Wilmington, DE 19801; Defendant
`CNH Industrial America, LLC (“CNH Defendants”) is a limited liability company, duly
`organized and existing under the laws of the State of Delaware, with a principal place of
`business located in the State of Wisconsin at 621 State Street, Racine, WI 53402 and is a
`wholly owned subsidiary of Case New Holland with a registered office in the State of
`Pennsylvania at 300 Diller Avenue, New Holland, PA 17557.
`
`Defendant Jewells Red Wing Farm, LLC (“Red Wing Farm Defendant”) is a Pennsylvania
`limited liability corporation, located at 6139 Mechanicsville Road, Lumberville, PA 18933.
`Upon information and belief, its members are Beth Jewell, Amber Jewell, and/or Mark
`Jewell, all of whom live in the Commonwealth of Pennsylvania.
`
`Defendant Mark W. Jewell resides at 6139 Mechanicsville Road, Lumberville,
`Pennsylvania 18933; Beth Jewell resides at 22339 Perry Hwy. Zelienople, Pennsylvania;
`and Amber Jewell resides at 1531 Hilltown Pike, Hilltown, Pennsylvania. (“Individual
`Defendants Jewells”).
`
`Defendant A & E Partnership, LP (“A & E”) is a Pennsylvania limited partnership and/or
`other legal entity with a place of business located at 6139 Mechanicsville Road,
`Lumberville, PA 18933.
`
`8.
`
`The entities in paragraphs three (3) through (9) are collectively referred to as Defendants.
`
`III.
`
`9.
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`JURISDICTION AND VENUE
`
`
`Jurisdiction is conferred upon this Court by virtue of the parties’ diversity of citizenship
`pursuant to 28 U.S.C. § 1332 as Plaintiff is a citizen of the State of New Jersey, and the
`other Defendants are citizens of States and Countries other than New Jersey.
`
`10.
`
`The amount in controversy in this action is in excess of seventy-five thousand ($75,000.00)
`dollars, exclusive of costs and fees.
`
`
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`2
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`Case 2:22-cv-02838 Document 1 Filed 07/20/22 Page 3 of 11
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`11.
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`Venue and Vicinage are both proper in the Eastern District pursuant to 28 U.S.C. § 1391
`because a substantial portion of the acts and/or omissions giving rise to the within claims
`occurred within Bucks County, Pennsylvania and because Defendants are subject to
`personal jurisdiction within the district.
`
`IV.
`
`FACTUAL ALLEGATIONS
`
`12.
`
`13.
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`14.
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`15.
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`16.
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`At all times relevant hereto, Defendants acted by and through their respective trustees,
`directors, agents, servants, employees, workmen, and/or other representatives, who were,
`in turn, acting within the course and scope of their employment, agency, and/or service for
`the same and under the direct control of Defendants.
`
`On or about July 21, 2020, CNH Defendants delivered a new New Holland Tractor (the
`“Tractor”) that was purchased by upon information and belief Individual Defendants
`Jewells, Red Wing Farm Defendant, and/or A&E.
`
`On or about that same date, Individual Defendants Jewells, Red Wing Farm Defendant,
`and/or A&E notified CNH Defendants that the Tractor was not operable and needed to be
`repaired.
`
`Thereafter, upon information and belief, CNH Defendants contacted AG – Industrial
`Defendants and arranged for an AG -Industrial Defendants’ repair person to come to the
`Farm and repair the Tractor.
`
`On or about July 22, 2020, upon information and belief a repair person from AG –
`Industrial Defendants came to the Farm and began its repair work on the Tractor in one of
`the Barns. At the end of the day, the repair person from AG – Industrial Defendants
`advised Individual Defendants Jewells, Red Wing Farm Defendant, and/or A&E that it
`would return to the Barn and finish the Tractor repair the next day.
`
`17.
`
`The following morning, upon information and belief, the Tractor caused one of the Barns
`to catch on fire.
`
`
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`3
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`Case 2:22-cv-02838 Document 1 Filed 07/20/22 Page 4 of 11
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`18.
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`19.
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`20.
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`1.
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`2.
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`3.
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`4.
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`Plaintiff was called by the Individual Defendants to come to the Barn and rescue horses
`that were being stabled there.
`
`Plaintiff rescued several horses; but in the course of doing same suffered burn injuries.
`
`The Fire and Plaintiff’s injuries described herein was due in no manner to negligence on
`the part of Plaintiff.
`
`COUNT I
`ERIC HAYES v. CNH DEFENDANTS
`PRODUCTS LIABILITY – STRICT LIABILITY
`
`Plaintiff hereby incorporates by the above referenced of the within the Complaint as though
`the same had been fully set forth at length herein.
`
`At all times prior to July 23, 2020, CNH Defendants designed, manufactured, assembled,
`inspected, installed, marketed, modified, maintained, rented, leased, provided safety
`recommendations, and/or sold the subject New Holland Tractor and its component parts
`thereto, including all instruction manuals and associated warnings.
`
`CNH Defendants placed into the stream of commerce a defective product, the Tractor, as
`identified above, that violated the standards created in Tincher v. Omega Flex, 628 Pa. 296,
`104 A.3d 399 (Pa. 2014). More specifically, CNH Defendants placed into the stream of
`commerce a defective product, the Tractor, wherein (a) the danger was unknowable and
`unacceptable to the average or ordinary consumer, and/or (b) a reasonable person would
`conclude that the probability and seriousness of harm caused by CNH Defendants’ defective
`product outweighs the burden or costs of taking precautions.
`
`The Fire described herein was caused solely and/or in conjunction with the acts and/or
`omissions of the other Co-Defendants and CNH Defendants’ defective design and/or
`manufacture of the aforesaid Tractor and its component parts, including, but not limited to:
`
`(a) Carelessly
`installing, designing,
`supplying,
`and negligently distributing,
`manufacturing, modifying, and/o selling the subject Tractor and its component parts in
`a dangerous condition so as to cause injury to Plaintiff;
`
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`4
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`Case 2:22-cv-02838 Document 1 Filed 07/20/22 Page 5 of 11
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`(b) carelessly and negligently failing to implement appropriate safety mechanisms to
`prevent against the type of injury suffered by Plaintiff;
`
`(c) failing to reasonably foresee those subsequent alterations would be made to the subject
`product, rendering the subject product unreasonably unsafe to users;
`
`(d) carelessly and negligently creating and allowing a dangerous condition to exist by
`failing to provide proper safety and operational instructions to end users of its product;
`
`(e) failing to exercise the requisite degree of care and caution in the distribution,
`manufacture, assembly, modification, design, supply, lease, and/or sale of the said
`Tractor and its component parts;
`
`(f) failing to ensure that the subject Tractor and its component parts could be used in a
`manner which would not cause danger to potential third parties, such as the Plaintiff;
`
`(g) failing to include industry-recognized safety specifications in the design of the Tractor;
`
`(h) failing to warn purchasers and end users of the dangers of the subject Tractor; and such
`other acts or omissions constituting negligence and/or gross negligence, or wanton
`conduct, as shall become evident during pretrial discovery and/or at the trial of this
`case.
`
`At all times relevant hereto, CNH Defendants’ aforesaid Tractor and its component parts
`were defective and unsafe for consumer use.
`
`At all times relevant hereto, there were latent defects in CNH Defendants’ aforesaid Tractor
`and its component parts such that the product’s defective condition was unknown to the
`consumer, therefore rendering the product unacceptable for consumer use.
`
`CNH Defendants distributed and sold the aforesaid Tractor and its component parts in a
`defective condition in violation of the Restatement (Second) of Torts § 402(A), and those
`defects were the sole, concurrent, and/or proximate cause of Plaintiff’s injuries.
`
`CNH Defendants are strictly liable to Plaintiff as a result of the defective condition of CNH
`Defendants’ product.
`
`5.
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`6.
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`7.
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`8.
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`5
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`Case 2:22-cv-02838 Document 1 Filed 07/20/22 Page 6 of 11
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`9.
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`10.
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`11.
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`12.
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`13.
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`14.
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`As a direct and proximate result of the defective nature and condition of the aforementioned
`Tractor and/or its component parts, Plaintiff, Eric Hayes, suffered severe and permanent
`bodily injuries including, but not limited to, a burn injury.
`
`As a result of the aforesaid strict liability of CNH Defendants, Plaintiff has been and will
`be obliged to receive and undergo medical attention and care and to expend various sums
`for the treatment of his injuries and incur such expenditures for an indefinite time in the
`future.
`
`As a further result of the aforesaid accident, Plaintiff has in the past and may in the future
`suffer a loss of his earnings and/or earning power, and he may incur such loss for an
`indefinite period in the future.
`
`Further, by reason of the aforesaid occurrence, Plaintiff has and/or may hereinafter incur
`other financial expenses all in an effort to treat and cure himself of the injuries sustained
`in the aforesaid accident.
`
`As a further result of the aforesaid accident, Plaintiff has or may have suffered injuries
`resulting in the serious and/or permanent loss of use of a bodily function, dismemberment,
`and/or scarring, which may be in full or part cosmetic disfigurements which are or may be
`permanent, irreparable, and severe.
`
`In addition, Plaintiff has suffered a loss of the enjoyment of his usual duties, avocations,
`life's pleasures and activities, and the shortening of his life expectancy all to his great
`detriment and loss.
`
`15.
`
`As a further result of the CNH Defendants’ aforesaid negligence, Plaintiff has suffered
`
`great and unremitting physical pain, suffering and mental anguish all of which may
`
`continue in the future.
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`WHEREFORE, Plaintiff, Eric Hayes, demands judgment against CNH Defendants for strict
`
`liability together with all lawful damages and costs of suit.
`
`
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`6
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`Case 2:22-cv-02838 Document 1 Filed 07/20/22 Page 7 of 11
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`COUNT II
`ERIC HAYES v. CNH DEFENDANTS
`PRODUCTS LIABILITY – NEGLIGENCE
`
`16.
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`17.
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`18.
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`19.
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`20.
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`Plaintiff hereby incorporates by the above referenced of the within the Complaint as though
`the same had been fully set forth at length herein.
`
`At all times material hereto, CNH Defendants owed a duty to end users of its product, such as
`Plaintiff, to exercise reasonable care in designing and manufacturing the aforesaid Tractor and
`its component parts, and to sell/distribute that product in a reasonably safe condition.
`
`CNH Defendants were negligent in designing, manufacturing, assembling, modifying,
`marketing, installing, and distributing the defectively designed and manufactured Tractor,
`as set forth which is hereby incorporated by reference.
`
`The aforesaid negligence was the sole, concurrent, and/or proximate cause of Plaintiff’s
`injuries, which were due in no manner to negligence on the part of Plaintiff.
`
`As a result of the aforementioned negligence, Plaintiff suffered the injuries described in
`the paragraphs above which are incorporated by reference as though fully set forth at
`length.
`
`WHEREFORE, Plaintiff, Eric Hayes, demands judgment against the CNH Defendants
`
`for all lawful damages and cost of suit.
`
`COUNT III
`ERIC HAYES v. CNH DEFENDANTS
`BREACH OF WARRANTY
`
`21.
`
`22.
`
`Plaintiff hereby incorporates by the above referenced of the within the Complaint as though
`the same had been fully set forth at length herein.
`
`As a result of the foregoing, CNH Defendants are liable to Plaintiff for the breach of
`express and/or implied warranties that the subject Tractor was merchantable, fit for use,
`and suitable and fit for its particular purpose under common law and 13 Pa. Cons. Stat. §§
`2314 and 2315.
`
`
`
`7
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`Case 2:22-cv-02838 Document 1 Filed 07/20/22 Page 8 of 11
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`23.
`
`As a result of the aforementioned negligence, Plaintiff suffered the injuries described in
`the paragraphs above which are incorporated by reference as though fully set forth at
`length.
`
`WHEREFORE, Plaintiff, Eric Hayes, demands judgment against the CNH Defendants
`
`for all lawful damages and cost of suit.
`
`COUNT IV
`ERIC HAYES v. AG – INDUSTRIAL DEFENDANTS
`NEGLIGENCE
`Plaintiff hereby incorporates by the above referenced within the Complaint as though the
`same had been fully set forth at length herein.
`
`At all times prior to July 23, 2020, AG – Industrial Defendants were in the business of
`repairing, replacing, maintain, modifying, and providing safety recommendations for New
`Holland Tractors, including the Tractor involved in this matter.
`
`On or about July 22, 2020, AG – Industrial owed a duty to exercise reasonable and ordinary
`care in performing the repair work on Tractor and/or to warn of any dangers associated
`with the Tractor.
`
`AG – Industrial Defendants failed to exercise reasonable and ordinary care in repairing
`the Tractor.
`
`AG – Industrial Defendants’ failure to exercise reasonable and ordinary care in repairing
`the Tractor was a direct and proximate cause of Plaintiff’s injuries.
`
`24.
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`25.
`
`26.
`
`27.
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`28.
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`WHEREFORE, Plaintiff, Eric Hayes, demands judgment against the AG – Industrial
`
`Defendants for all lawful damages and cost of suit.
`
`
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`8
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`Case 2:22-cv-02838 Document 1 Filed 07/20/22 Page 9 of 11
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`COUNT V
`ERIC HAYES v. RED WING FARM DEFENDANTS,
` INDIVIDUAL DEFENDANTS, AND A & E PARTNERSHIP, LP
`PREMISES LIABILITY
`
`21.
`
`22.
`
`23.
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`29.
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`30.
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`31.
`
`Upon information and believe, all times relevant hereto, Red Wing Farm Defendants,
`Individual Defendants, and A & E (the “Premises Defendants”) were the owner, operator,
`possessor, lessor, lessee, and/or otherwise legally responsible for the Barn, buildings and
`premises located on and at 1531 Hilltown Pike, Hilltown, PA 18927 (the “Premises”).
`
`At all times relevant hereto, Premises Defendants were responsible for all maintenance,
`upkeep, and safety precautions relative to the Premises, including fire detection,
`prevention, and suppression systems.
`
`At all times, Premises Defendants had a duty to Plaintiff and to other lawful invitees to
`maintain the premises and surrounding areas of the premises in question in a safe and
`secure condition and to guard against and/or warn of dangerous or potentially dangerous
`conditions existing on the Premises.
`
`On or about July 23, 2020, Plaintiff was lawful invitee of the Premises Defendants at the
`Premises.
`
`At all times material hereto, Premises Defendants their duty by failing to exercise
`reasonable care to protect Plaintiff against the dangers created by their negligent and/or
`careless acts and omissions of Premises Defendants and their agents, servants, workmen,
`licensees, and/or employees.
`
`The negligent and/or careless acts and omissions of Premises Defendants and its agents,
`servants, workmen, licensees, and/or employees were the direct and proximate cause of the
`aforesaid Fire and Plaintiff’s injuries.
`
`WHEREFORE, Plaintiff, Eric Hayes, demands judgment against the Premises
`
`Defendants for all lawful damages and cost of suit.
`
`
`
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`9
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`Case 2:22-cv-02838 Document 1 Filed 07/20/22 Page 10 of 11
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`Case 2:22-cv-02838 Document1 Filed 07/20/22 Page 10 of 11
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`JURY DEMAND
`
`Pursuant to Rule 38(b) of the Federal Rules of Civil Procedure, Plaintiff hereby demandsa trial
`
`.
`.
`| by jury on all Countsin the above action.
`
`owesJR0 (22
`
`Respectfully submitted,
` . vat
`
`VBar ID 69255
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`Case 2:22-cv-02838 Document 1 Filed 07/20/22 Page 11 of 11
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`Defendant Names and Address:
`
`
`
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`
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`1) AG – Industrial of Eastern P.A., Inc.
`831 S. College Street
`Myerstown, Pennsylvania 17067
`
`
`2) AG – Industrial, Inc.
`110 S. Railroad Avenue
`New Holland, Pennsylvania 17557
`
`3) CNH Industrial, N.V.
`Global Company
`Country of the Netherlands
`
`
`4) Case New Holland Industrial Inc.
`1209 Orange Street
`Wilmington, Delaware 19801
`
`
`
`5) CNH Industrial America, LLC
`621 State Street
`Racine, Wisconsin 53402
`
`
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`6) Case New Holland
`300 Diller Avenue
`New Holland, Pennsylvania 17557
`
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`7)
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`Jewells Red Wing Farm, LLC
`6139 Mechanicsville Road
`Lumberville, Pennsylvania 18933
`
`8) Mark W. Jewell
`6139 Mechanicsville Road
`Lumberville, Pennsylvania 18933
`
`9) Beth Jewell
`22339 Perry Highway
`Zelienople, Pennsylvania 16063
`
`10) Amber Jewell
`1531 Hilltown Pike
`Hilltown, Pennsylvania 18927
`
`
`
`11) A&E Partnership, LP
`6139 Mechanicsville Road
`Lumberville, Pennsylvania 18933
`
`