Products Liability Law Reporter

Silvia Velasco, an employee of Carl Buddig and Co., worked as a line operator on a conveyor that transported sliced lunchmeat products from a slicer to a packaging machine. While she was attempting to dry a wet conveyor belt and drive roller, her right sleeve was pulled into the in-running nip point between the conveyor drive roller and the conveyor belts. Her arm was pulled in between the drive roller and belt, resulting in degloving and brachial plexus injuries. Velasco, who incurred over $188,675 in medical expenses, also developed PTSD as a result of the incident. Her lost income totaled more than $128,000.

Velasco sued manufacturer Eaglestone Equipment and distributor Delano Conveyor and Equipment. The plaintiff alleged that the conveyor machine was not designed, manufactured, or installed with guards and sensor devices, which would have eliminated pinch point areas.

The parties settled for $3.25 million plus waiver of an approximately $85,200 workers’ compensation lien.

Citation: Velasco v. Eaglestone, Inc., No. 20 L 4197 (Ill. Cir. Ct. Cook Cnty. Dec. 15, 2023).

Plaintiff counsel: AAJ member Edward G. Willer, Chicago.

Plaintiff experts: William R. Keefe, mechanical engineering, Lake Zurich, Ill.; and John E. Mundt, clinical psychology, Oak Park, Ill.

Defense experts: Dennis Brickman, mechanical engineering, Aurora, Ill.; Alex Rigoni, mechanical engineering, Maryland Heights, Mo.; Charles Bush-Joseph, orthopedic surgery, Chicago; and Steven Rothke, neuropsychology, Northbrook, Ill.