Trial Magazine
Disabled Safety Devices Lead to Arm Amputation
November 2017Tulio Martinez-Carassco worked for Ronell Managed Services, LLC, a company that cleans and services industrial equipment. Ronell sent Martinez-Carassco to work at the Premio Foods, Inc., processing plant. The plant’s equipment included an industrial blending and mixing machine manufactured by Apache Stainless Group. As the mixer’s large metal paddles were turning, Martinez-Carassco began washing the machine’s open discharge doors with a hose. The moving paddles contacted the hose, pulling his left arm into the mixer and severing the arm below the elbow.
Doctors attempted but were unable to reattach the arm, which was surgically amputated at the elbow. Although Martinez-Carassco was fitted for a prosthesis, he rarely wears it because it is heavy. His past medical expenses totaled approximately $300,000.
Martinez-Carassco sued Premio, alleging that plant personnel bypassed safety devices on the machine that would have prevented the paddles from moving while the discharge doors were open. He also sued Ronell, alleging that the workers’ compensation bar did not apply because his employer had trained him to clean the machine while the paddles were moving, despite knowing there was a substantial certainty of injury. In addition, the plaintiff brought a design defect claim against Apache.
The plaintiff did not seek future medical expenses or past or future lost earnings.
Apache argued that the mixer was safe and had been manufactured with the safety devices, but they were not on the machine at the time of the incident. Apache and Ronell argued that Premio was at fault for disabling the safety devices.
Premio argued that the plaintiff’s employer was negligent in directing him to clean the mixer while the paddles were turning.
The parties settled during mediation for $2.7 million. Premio paid $2.5 million, and Apache and Ronell each paid $100,000.
Citation: Martinez-Carassco v. Apache Stainless Grp., No. PAS-L-4452-14 (N.J. Super. Ct. Passaic Cnty. Apr. 21, 2017).
Plaintiff counsel: AAJ member David L. Wikstrom, Springfield, N.J.
