Industrial Machine Product Liability Case. 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 Defendant Denied The Case
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.