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$510,000 Settlement for Industrial Can Filler Accident

Gonzales v. Defendants

Case Synopsis:

The plaintiff, a butcher, suffered multiple fractures of his right arm after the sleeve of his jacket became caught on the rotating power take off shaft of an industrial can filler.

The industrial can filler designed by defendants was defective as designed because the machine did not contain a guard for the rotating power take off shaft.  Such a guard would have prevented the take off shaft from operating when the guard was removed.   According to the manufacturer’s description, the machine should have contained such a guard; however, the machine in question was sold to plaintiff’s employer “as is” and did not contain the guard.  Defendants failed to warn plaintiff’s employer that the machine in question did not contain the guard and was dangerous to operate without the guard.

As a result of the accident, plaintiff had multiple surgeries to repair his arm, including open reduction and internal fixation of his forearm bones and humerus.  Plaintiff also underwent plastic surgery to revise the wound.  Plaintiff additionally claimed shoulder impingement syndrome and post traumatic stress disorder as a result of the accident.  Plaintiff incurred medical expenses in the amount of $98,412 and lost wages of $21,567.

Outcome:

The case settled before trial for $510,000.  The case was handled by Philadelphia products liability attorney, Richard M. Jurewicz of Galfand Berger. For more information on this case, please call 1-800-222-USWA (8792) or contact Rick at rjurewicz@galfandberger.com.