Kaiser Liable for Man’s Scars, He Says
HAYWARD, Calif. (CN) - Kaiser is liable for a burst fitting that severely scalded an HVAC technician, he claims in an Alameda Superior Court complaint.
Andrew Banducci, an employee of Matrix H.G., says he was working on a retrofitting project at a Kaiser hospital in Pleasanton, Calif. on March 27, 2013, when a copper pressurized hot water line burst, spraying 150-degree water onto his hands, arms and neck, causing third-degree burns.
The Occupational Safety and Health Administration (OSHA) investigated the incident and concluded a fitting weld was not adequate under industry standards, causing it to burst unexpectedly.
Banducci was permanently scarred, lost income because of his injuries and has accrued $58,000 in medical bills to date, according to his 8-page complaint. He says Kaiser should have properly welded the fitting and maintained its equipment.
“The damages occurred as a result of defendants’ negligence in installing, constructing, maintaining or repairing the faulty weld which caused plaintiff’s injuries,” the complaint states.
Banducci adds that, “The property owner … knew or should have known of a concealed, pre-existing hazardous condition (pipes vulnerable to failure due to faulty welds) on its premises and failed to warn Mr. Banducci or his employer about this hazard prior to Mr. Banducci commencing his work,” according to the complaint. “Mr. Banducci further alleges that he did not know and could not have reasonably ascertained the hazard prior to his injury.”
Banducci sued Kaiser Foundation Health Plan, Inc.; and Oracle Corporation for negligence, lost wages, promises liability, medical expenses and loss of earning capacity.
He seeks compensatory damages.
Banducci is represented by Dan Rainsbury of David Allen & Associates, in Sacramento, Calif.