$5.45 Million Settlement for Family of Machine Operator Killed in Industrial Accident

Attorneys John M. Dodig and Jason A. Daria achieved a $5.45 million settlement on behalf of the family of a 55-year-old machine operator who was crushed to death in an industrial accident at a paper products plant.

The accident occurred while the worker was operating a hoist that was used to move pulp roles onto converters, which would then feed the role of pulp, or raw materials, into machines that would make the products sold by his employer. The hoist was equipped with a safety latch that was intended to prevent the paper roll from moving. However, this safety latch was not permanently attached to the hoist and could be removed.

As the worker was in the process of moving a roll with the hoist, the safety latch was not on the hoist and was not engaged. The roll became unstable, tilted away, and pushed the hoist toward him, causing him to become pinned between the hoist and another converter.

The worker was eventually rescued and taken emergently by ambulance to the hospital, where he died a short time later as a result of traumatic asphyxia and blunt force trauma.

Dodig and Daria filed suit against the company responsible for the design, manufacture, sale and distribution of the hoist as well as the company responsible for inspecting, servicing and maintaining it. They consulted with highly regarded experts in mechanical engineering and the paper industry and were prepared to establish at trial that the latch was an essential safety device, and, as such, the hoist was dangerous and defective because it should have been designed in a way that the latch could not be removed. Dodig and Daria were further prepared to establish that alternative, safer designs were mechanically and economically feasible and readily available which would have prevented the accident. They also were prepared to establish that the company that was responsible for inspecting, servicing and maintaining the hoist was negligent in failing to recommend and/or install a safety latch that could not be removed.

In achieving the settlement, Dodig and Daria were faced with several challenges, including: the worker’s own comparative negligence in not using/replacing the safety latch; his limited period of conscious pain and suffering; and his limited future lost earning capacity.

This recovery will greatly assist the worker’s spouse and family, who relied upon his earnings and contributions around the household.