A Bethalto welding company seeks dismissal from a lawsuit alleging it produced faulty brackets saying that the products were fabricated with a welding process it never used.
Plaintiffs Bob Ayers and Kevin Brown filed their claim against A Z Welding and Machine Inc. on Oct. 9 for negligence.
According to the complaint, A Z Welding and Machine was asked by Olin Brass to make a bracket to suspend workers above the ground. Ayers and Brown worked for Olin Brass at the time. They claim the brackets were not sufficiently welded and broke when they tried to use them, resulting in their injuries.
On Nov. 21, A Z Welding and Machine denied the allegations in its answer.
It admitted that it fabricated aluminum brackets for Olin Brass in 2012 using a welding process known as TIG-Welding.
However, when the defendant was shown the brackets that allegedly failed, it noticed that the brackets were fabricated with a different welding process, known as MIG-Welding. A Z Welding and Machine claims it does not and has never used that process.
“Therefore, this defendant did not fabricate the brackets which allegedly failed in this matter,” AZ stated.
The plaintiffs refuted the affirmative defenses on Dec. 8.
A Z Welding and Machine demands a trial by jury.
Gregory L. Shevlin of Cook, Ysursa, Bartholomew, Brauer & Shevlin, LTD, in Belleville represents the plaintiff.
Beth C. Boggs and Michael J. Lach of Boggs, Avellino, Lach & Boggs, LLC, in St. Louis represent the defendant.
Madison County Circuit Court case number 14-L-1378