$1.95 Million Settlement for Machinery Accident & Crushed Arm
Attorney Kenneth Elwood obtained a settlement in the case of a 41-year-old woman whose arm was nearly amputated to the elbow while cleaning a dough machine at her place of employment, a soft pretzel bakery. After the accident, her arm was surgically reattached but the injury left her totally disabled due to ongoing pain and limitations.
While the defense claimed that the plaintiff was not adhering to proper procedure, the plaintiff maintained that she was following the cleaning instructions she had been given. Additionally, OSHA noted a violation on the part of the bakery in the lack of a fixed ladder platform. The suit named the bakery’s owner and franchisee, as well as the manufacturers of the machine.
The defendants attempted to impose a workers’ compensation bar, but the motion was denied. The suit was settled in favor of the plaintiff.