BELLEVILLE – A man claims he was using a rotary cut-off wheel purchased at Harbor Freight when the tool allegedly broke and flew into his eye.
Plaintiff Michael W. Wagner filed a lawsuit in the St. Clair County Circuit Court against Harbor Freight Tools USA, Inc., citing negligence.
According to the lawsuit, the plaintiff purchased a three piece tool set of rotary cut-off wheels from the defendant's Fairview Heights location. He alleges that on Jan. 19, 2021, he was using the tools for the first time and for its intended use. He claims he placed one of the rotary cut-off wheels on his rotary tool and turned it on, when suddenly the cut-off wheel cracked. It allegedly flew off the rotary tool, bounced off his chest and flew under his face shield into his left eye.
The lawsuit states that the rotary cut-off wheels were defectively designed in such a way that they would form dangerous cracks and fractures when used in the manner intended. Additionally the defendant failed to properly warn consumers that the product was unreasonably dangerous used in a reasonable way.
Wagner claims he has suffered severe injuries to his eye, head and his brain. He states that the injury has caused him to endure pain, suffering and disability. He adds that he has sustained lost wages and medical costs, and that he will continue to require medical assistance to recover from his injuries.
The plaintiff is demanding a trial jury to seek damages in excess of $50,000, plus court costs and any other relief the court deems proper. He is represented in this case by attorney Joshua D. Margolis of Muchnick, Haber, Margolis, LLC in St. Louis.
St. Clair County Circuit Court case number 22LA1110