Facts

Avelino Gutierrez was injured while attempting to retrieve his end of a metal frame from a machine. The press break, which makes bends in metal framing material, crushed his left finger. Gutierrez sued his employer, United Steel and Metal, for failure to install the requisite point of operation guards specified by both the manufacturer and operation manual. United Steel moved for summary judgment, claiming the manufacturer never communicated the need for guards.

PLAINTIFF'S CONTENTIONS:
The plaintiff contended that defendant was told by the manufacturer to install point of operation guards, which were also specified in the employer's operation manual.

DEFENDANT'S CONTENTIONS:
The defendant denied being so informed. The defense contended the manual was not included when defendants purchased the press brake and the guards were unnecessary.

Damages

The plaintiff claimed unspecified damages for emotional distress.

Injuries

The plaintiff's left index finger was amputated.

Result

Summary judgment for the defense. However, because the alleged owners of the press brake did not actually own, but merely leased the machine, the complaint was amended to include negligence and product liability claims against the true owners. Although the same people owned both companies, only the second had insurance covering the claim. As such, the case was settled against all defendants for $225,000 and the pending appeal from summary judgment dismissed.