Products Liability Law Reporter

Elias Gamboa, a 36-year-old machine operator on a steel coil slitting line, was working on a Pro-Eco slitter machine for Metals USA. The machine was manufactured in the 1980s by RDI Group General Partnership’s predecessor, Chicago Slitter Co. After being informed that there was something wrong with the materials he was working on, Gamboa climbed a stepladder to the tension roll area of the slitter machine and stepped onto its platform to observe a moving steel strip running through a Herr-Voss, Inc., strand machine. Within 10 seconds, the machine’s tension rollers pulled in Gamboa’s left leg and foot, which remained trapped in the machine for several hours.

As a result, he required a below-the-knee amputation. He also suffered injuries to his right leg, including arterial damage, compartment syndrome, and a fractured ankle. His past medical expenses totaled more than $589,200. He also incurred over $352,800 in lost income.

Gamboa and his wife sued Chicago Slitter Co., alleging it negligently designed and manufactured the coil slitter system, which allowed operators to be exposed to unguarded pinch point areas. The plaintiffs asserted that the defendant’s machine allowed for and permitted gaps between various coiling machines, allowing employees access to unprotected pinch point areas.

In a third-party action, it was alleged that Metals USA had failed to train and instruct Gamboa on safe operation of the tension roller machine and provide protective guard barriers to preclude operators from entering unguarded pinch point areas. Andritz Herr-Voss Stamco, Inc., was also named in the lawsuit.

The parties settled for $6.57 million. Chicago Slitter Co. paid $6 million policy limits; Metals USA contributed $550,000 plus waiver of an approximately $776,800 workers’ compensation lien; and Herr-Voss paid $20,000.

Citation: Gamboa v. RDI Grp. Gen. P’ship, No. 17 L 7671 (Ill. Cir. Ct. Cook Cty. May 27, 2022).

Plaintiff counsel: AAJ members Thomas A. Demetrio, Edward G. Willer, and Francis P. Murphy, all of Chicago.

Plaintiff experts: William R. Keefe, mechanical engineering, Lake Zurich, Ill.; John W. Michael, prosthetics, Chicago; and Laura Belmonte, rehabilitation, Lombard, Ill.

Defense experts: Stephen Andrew, mechanical engineering, Menlo Park, Calif.; Steve Arndt, industrial engineering, Deer Park, Ill.; James Radke, vocational rehabilitation, Northbrook, Ill.; Dale Berry, prosthetics, Las Vegas; Frank Stafford, economics, Ann Arbor, Mich.; and Gary Hutter, safety, Glenview, Ill.