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ARTICLE ID 189012

$________ Products Liability – Defective design of hamburger roll machine – Plaintiff contends hamburger roll machine manufactured in ________’s lacks barrier guard – hand catches in the in-running nip point – Partial amputation of three fingers on non-dominant hand – Extensive loss of use despite reconstructive surgery – Defendant in bankruptcy and stay lifted in conjunction with approval of .

Essex County, NJ

The plaintiff, in his mid-50s at the time of the ________ incident, contended that the hamburger roll machine that was designed and manufactured by the defendant’s predecessor was defectively designed because it did not incorporate a barrier guard. The plaintiff’s engineer maintained that the proper interpretation of the original design drawings reflected that a barrier guard was not included, and the expert contended that such absence rendered the machine defective under standards prevailing at the time. The defendant would have presented a retired employee who was involved with design at the time of manufacture who would have contended that original design did, in fact, incorporate a barrier guard.

The defendant contended that the machine was altered and modified by numerous intervening owners before the machine was acquired by the plaintiff’s employer. The defendant also maintained that the plaintiff was comparatively negligent in reaching into the area. The plaintiff would have countered that he was properly attempting to perform his duties by removing dried dough.

The plaintiff suffered the partial amputation of the middle, ring and pinky fingers of the non-dominant left hand. The plaintiff contended that despite reconstructive surgery, he will suffer a permanent significant loss of use and pain.The defendant had filed bankruptcy and the action was stayed. The parties agreed to the $________, which was approved by the bankruptcy court.

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