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Verdict range $100,000 - $500,000
ARTICLE ID 7691
$________ Plaintiff injured in course of employment while operating " Doctor Machine, " a plastic/foil converter and rewinder machine - Machine allegedly defective due to direction of rollers into which hand was drawn - Plaintiff argued reversing direction of rollers' spin would have eliminated in-running nip point.
Cook County, Illinois
This lawsuit arose out of a workplace accident involving a male
plaintiff, in his mid-20s at the time, who suffered a torn
scapholunate ligament in the wrist and ultimately developed
reflex sympathetic dystrophy (RSD) of the wrist when his hand
was pulled in between two spinning rollers through which webbing
material was moving.
The subject workplace accident occurred on November 16, ________,
while the plaintiff was working with a " Doctor Machine, " a
plastic/foil converter and rewinder machine. The plaintiff
maintained that he intentionally touched the moving web of
material while the machine was running to check the tension of
the material, as instructed by his employer. The plaintiffs hand
became caught in the webbing, according to his claims, and it was
pulled into the in-running nip point.
The plaintiffs experts were prepared to testify that the subject
machine was defective due to the direction in which the machines
rollers spun. The plaintiffs expert opined that a change in the
direction in which the rollers spun would have eliminated the in-
running nip point.
Deposition testimony from the defendants employees in this case
showed that the manufacturing facility for the subject machine
had no procedure to review the machines for safety to end-users.
There were no scheduled reviews to check for compliance with
current standards and no procedures for reviewing the newer model
machines for compliance with standards when they were modified
from an original design created during the 1950s.
The plaintiff required surgery to repair the torn scapholunate
ligament in the nondominant left wrist. The plaintiff
subsequently developed RSD as well as traumatically induced p 7 3
arthritis in the left wrist as an alleged result of the subject
accident. The plaintiff claimed medical specials of $________.
The defense contended that the plaintiff assumed the risk and
caused his own injury by touching the moving web of material
while the machine was running. The defense claimed that the
plaintiffs employer, Solar Communications, was negligent in
failing to properly train and supervise the plaintiff,
specifically regarding the plaintiffs contention that he was
specifically instructed to touch the web of material while the
machine was running. The defendant additionally cited OSHA
regulations to support its contention that the plaintiffs
employer was responsible to add any guarding necessitated by the
specific use of the machine and to warn the plaintiff verbally
and through training. The defendants expert orthopedic surgeon
claimed that the manner in which the plaintiff was injured could
not have caused a scapholunate ligament tear and that the
plaintiffs RSD and traumatic arthritis were unrelated.
The case settled prior to trial for $________.
5 ways to win with JVRA
JVRA gives you jurisdiction-specific, year-round insight into the strategies, arguments and tactics that win. Successful attorneys come to the table prepared and use JVRA to:
- Determine if a case is winnable and recovery amounts.
- Determine reasonable demand for a case early on.
- Support a settlement demand by establishing precedent.
- Research trial strategies, tactics and arguments.
- Defeat or support post-trial motions through past case histories.
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