Peregory v. Horix Mfg. & American Temporary Services
Our client had been assigned to work for Nationwide Industries, a producer of windshield wiper fluid, as a temporary employee by American Temporary Services. The machine involved in the accident was manufactured by defendants Horix Manufacturing.
On the date of the accident, our client had been assigned to monitor the automated bottle filler machine so that he could shut off the machine if a jam occurred when the plastic bottles entered the filler section of the machine. While monitoring the machine, our client noticed that a jam occurred in the filling station. He attempted to remove the bottle by reaching in to the filler station while the machine was in operation. Our client’s right arm and wrist were crushed by a moving part inside the machine.
The automatic bottle filler designed and manufactured by defendant Horix was defective as designed because it did not contain a guard to prevent access to its hazardous moving parts. Horix anticipated that a misalignment in the filler area of the station could occur and it was foreseeable that a machine operator could be injured by moving parts when trying to retrieve the bottles. An interlocked fixed barrier would have prevented a machine user from entering the area with moving parts unless the machine was powered down.
Our client was hospitalized for eight days and underwent five surgical procedures as part of his rehabilitation and recovery from the injury. Our client later developed carpal tunnel and hypertrophic scarring to the wrist and arm as a result of the injury and surgical procedures. He was disabled from work for one year following the machinery accident.
The personal injury case settled before trial for $460,000. The injured worker was represented by Philadelphia products liability attorney, Richard M. Jurewicz, of Galfand Berger, LLP. For more information on this case, please contact the attorney at [email protected] or call 1-800-222-USWA (8792).