Dismemberment Case

Client was a 26 year old married, father of three small children who worked at a production company in Montgomery County, Pennsylvania that mixed different grains for bird and animal feed.  The different grains were fed into a hopper and funneled down through a very large grain mixer.  It was necessary to clean out the bottom of the mixer between different batches as certain grains cannot be tolerated by certain birds and animals.

The mixer was controlled by a computer system that was located several floors away.  The operator in the control room could not view the mixer from his station.  Additionally, the door utilized for the clean out did not have an interlock that prevented the operator from starting the mixer.  Nor was there any indicator on the computer that advised the operator that the clean out door was open.

In between runs, Client opened the clean out door and was sweeping the residual grain out with his hand.  Meanwhile, in the control room, the operator received a computer message that the next batch was ready to run.  The operator started the mixer and the blades began to turn, cutting off the majority of the Client’s dominant hand and causing serious injury to his wrist and arm.

Client and his wife hired our law firm to represent them against a number of companies including the manufacturer and installer of the mixer and the control system.  We also represented them in their claim with their workman’s compensation carrier to assure the medical bills were paid and the wages were received timely.

A negligence and product liability suit was filed, numerous depositions were taken and expert opinions obtained.  The case settled at a mediation prior to the first day of trial.