WF&F SECURES DISMISSAL IN HIGH-EXPOSURE CASE
WF&F won summary judgment in a Nassau County products liability matter where a plaintiff/employee at a pasta manufacturer severed his arm off from the bicep down while assisting with the maintenance of a ravioli machine. Plaintiff claimed that the machine was negligently manufactured and designed because it lacked a guard and additional safety switches that would have prevented his arm from being caught in the machine.
WF&F represented a company that performed a renovation project at the factory in the months preceding the accident. The project involved installing new equipment and devices to work in conjunction with the subject machine in order to facilitate the production of ravioli. Plaintiff claimed that our client had an obligation to notify the factory of the absence of the guard and the safety devices on the subject machine and that by performing renovations, it stood in the shoes of the manufacturer.
The Court agreed with our arguments and dismissed the case against our client holding that our client was neither a manufacturer nor seller of the product, owed no duty to warn of the absence of the safety devices, and that our client's participation in the renovation work did not cause or create a dangerous condition on the subject machine.
For more information on this case or other products liability matters, please contact WF&F lawyers Sheri Holland, Jason Steinberg, or Alisa Dultz, who collaborated on the win.