McGurin v. Ward, Inc.
Our client was a 55-year old machine operator who was employed by a packaging company. At the time of the accident, our client was operating the Ward Rotary Die Cutter, a machine that processes flat corrugated sheets at the plant. The machine deposits the corrugated cut-outs onto a scrap conveyor that sits on the floor under the machine. The scraps are then transported by the scrap conveyor to a compactor/bailer system. On the day of the accident, our client was at the end of his shift when he noticed a buildup of scrap corrugated cut outs on the scrap conveyor. He reached down to brush away the scraps and his hand was pulled into the in-running nip point between the moving belt and its roller.
The rotary die cutter, manufactured by defendant, was defective as designed because it did not contain an end cap guard for the scrap conveyor. The defendant had serviced the machine two months prior to the accident and did not warn our client’s employer that such a guard was available and recommended for that machine. Defendant had also performed an audit of the machine many years prior to the accident which showed that they were aware that there was a dangerous in-running nip point on the scrap conveyor, yet they failed to recommend or provide an end cap guard for the conveyor.
Our client suffered fractures to the ulna and radius bones of his non-dominant left arm as a result of the accident. He underwent two surgeries, including open reduction and internal fixation for both bones and a surgery to repair a lacerated tendon.
The defective machinery case settled before trial for $450,000. The lawsuit was handled by Philadelphia personal injury attorney, Richard M. Jurewicz, of Galfand Berger, LLP. For more information on this case, please call the law firm at 1-800-222-USWA (8792) or contact Mr. Jurewicz at [email protected].