Facts

Plaintiff Ramiro Guzman, 20, was a temporary employee assigned by Staffmark Inc. to work at AMF/Tridien as a foam puncher making components for medical products. On March 2, 2013, at 12:05 p.m., plaintiff had filled up a cart with scrap foam and wheeled it outside onto a platform that led to a horizontal baler where foam was dumped and compacted into bales. During the process of dumping, plaintiff's left foot became caught in a hole in a foam mat that was being pulled into the baler. The ram was activated by a photo-eye from the dumping of foam. Once plaintiff was pulled inside the baler, he had a few seconds to try to extricate himself, but could not jump out of the baler. There was no emergency stopping devices nearby. The ram closed on his thighs exerting 159,000 pounds of pressure causing the amputation of both of his legs.

Plaintiff filed a product liability case against Excel Manufacturing Inc., the designer and manufacturer and JM Hydraulics Inc., the seller and installer of the baler, which was sold in 1998 to AMF/Tridien.

PLAINTIFF'S CONTENTIONS:
Plaintiff claimed that defendants knew the baler was going to be used exclusively to compress scrap foam, which would need to be hand-loaded. The baler was sold to AMF/Tridien without a conveyor or a dump-cart system. AMF/Tridien installed a four-step platform that was used for 10 years to help feed the baler. In 2011, AMF/Tridien built a platform that led to the feed hopper opening so that carts of foam could be dumped directly into the feed hopper. AMF/Tridien did not provide any type of barrier guard, interlocked gate, or emergency stopping devices when they installed the platform.

Plaintiff contended that Excel had no writings showing any hazard/risk analysis or risk mitigation analysis or any safety analysis regarding inadvertent or accidental contact with the open feed hopper. Instead, Excel installed a label on the baler that said, "Never enter or reach into baling chamber." Excel did not adhere to the National Safety Council's Accident Prevention Manuals from 1955, 1959, and 1973 regarding safety design engineering principles of risk recognition and taking accidents into account in the design and manufacture of their balers.

DEFENDANT'S CONTENTIONS:
Defendants contended that AMF/Tridien was responsible for erecting the platform and not installing any barrier guard or interlocked gate or emergency stopping devices. Defendants contended that there was no training program or procedures provided regarding the dumping of carts of scrap foam using the platform. Defendants also contended that the baler operator, employed by AMF/Tridien, had left on a personal emergency and did not shut off the baler.

Defendants contended that plaintiff should have turned the power off to the baler before dumping the foam and that he was negligent. Defendants claimed that there were two witnesses who saw plaintiff jumping up and down in the baler before the accident.

Specials in Evidence

$1 million none $1 million $7.5 million

Injuries

Plaintiff lost both of his legs above the knees. Plaintiff uses a wheelchair, because he has been unable to master the use of prosthetic devices due to his size. He also has psychological problems.

Result

The case settled for $5 million combined policy limits settlement exclusive of the workers' compensation lien of $1 million, which was bought by plaintiff for $67,500.

Other Information

FILING DATE: July 31, 2013.