Products Liability: Industrial Machine 1,215,000 Settlement: Leg Degloving

A 49-year-old male tree removal worker suffered left leg degloving, which required reconstructive surgery, when a stump grinder, designed and manufactured by the defendant, abruptly moved back and cut into his thigh as he attempted to remove the stump of a tree, which was cut down by a nonparty coworker. The plaintiff contended that the defendant designed the stump grinder in a defective manner, that it failed to install an appropriate guard and safety switch to ensure the safety of the user, and that the defendants provided him with a product that was unsafe for its intended use and purpose.

The defendants denied liability and contended the machine was reasonably safe when used properly. The defendant contended that the third-named defendant modified the grinder from its manufactured condition and that the plaintiff used the machine carelessly.

Apostoleris v. Promark Products West Inc.; Bear Tree Service; Dirt & Chips Inc.; Ariens Co.

State/County: NY/Eastern District. Plaintiff Attorney: Partner at Parker & Waichman, Great Neck, NY. Defense Attorney: Richard A. Tanner, Dickson, Buermann, Tanner, Ashenfelter, Slous, Fox & Boyd, Upper Montclair, NJ. Settlement: 1,215,000. Compensatory Damages: 1,215,000. Incident Date: July 1998. Settlement Date: July 2002. JV Number: 402026.

December 24, 2002