On Sept. 26, 2009, plaintiff Robert Ramirez Lopez, 57, a farm labor contractor for VMJ Professional Services, was assisting in processing harvested watermelons at a produce cooling facility owned by organic grower Double D Farms Inc. and located at 29191 Fresno Coalinga Road in Coalinga. Lopez, who was on his third day of the job, began working on the TX-5 Auto Sort Unit melon dumping machine, a machine that processed harvested watermelons, by removing empty cardboard boxes from the TX-5’s hydraulic lift area after the cardboard boxes containing melons were automatically dumped by the machine. He claimed that during the automated melon-dumping process, melons routinely became lodged in the conveyor belt area after having been dumped by the machine. To correct this, Lopez would reach over and tap the melon with his hand to dislodge it from the machine so that it could be processed by other workers along the conveyor belt. Consequently, when a watermelon became stuck in the machine while Lopez was moving empty cardboard boxes from the TX-5 on the subject date, he reached over to tap the melon, as he had the past two days. However, at the same time, a co-worker activated the dumper on the machine, causing Lopez’s left non-dominant arm to become tangled in the dumping mechanism and become crushed. Lopez sued Double D Farms Inc. and the designer, manufacturer and maintainer of the subject TX-5 Auto Sort Unit, TMJMB Holdings Inc., formerly known as Timco Worldwide. He alleged that Double D Farms was negligent for failing to properly train him and/or failing to warn him about the machine. He also alleged that TMJMB Holdings was negligent for failing to have safety guards on the machine to protect workers using it. TMJMB Holdings subsequently brought a third-party complaint against VMJ Professional Services and a cross-complaint against Double D Farms. In addition, Double D Farms brought a second third-party complaint against VMJ Professional Services and a second cross-complaint against TMJMB Holdings. Lopez claimed that he never received any safety training or instruction by VMJ or TMJMB Holdings specific to his use of the TX-5 machine. He contended that, in fact, the only instruction he was given when he started working on the machine was where to stack pallets and cardboard boxes. Lopez claimed that the TX-5 lacked safety guards to protect workers from foreseeable injury due to exposure to moving parts within the danger zone of the machine. He also claimed that there were no safety mirrors for the TX-5 operator on or near the machine, and no safety warning labels at his work station. Thus, plaintiff’s counsel contended that the presence of safety guards, mirrors and/or warning labels would have prevented Lopez’s injury. Counsel also contended that the machine was defective because it could be operated without the use of safety guards installed. In addition, plaintiff’s counsel contended that at the time Lopez was injured, the TX-5 was not in compliance with safety regulations as established by the California Occupational Safety and Health Administration., The TX-5 machine crushed Lopez’s left arm between the wrist and elbow. His workers subsequently had to remove Lopez’s crushed left arm from the TX-5 and apply a tourniquet to slow the blood loss from the dangling appendage. Emergency Medical Services then arrived at the scene and Lopez was taken by Life Flight helicopter to Community Regional Medical Center in Fresno, where he was treated for a crush avulsion injury to his left arm. Lopez required emergency surgery, during which an external fixator was placed. On Oct. 19, 2009, he returned to Community Regional Medical Center for a second surgery to remove the external fixator and have internal plates and screws placed to reconnect the crushed appendage. Following the surgeries, Lopez was seen for pain management from Jan. 12, 2010, until June 2011. He also underwent physical therapy at Lindsay Pimentel Hand to Shoulder Rehab in Fresno from December 2010 to March 2011. In addition, a chiropractor performed a functional capacity evaluation of Lopez’s arm on March 29, 2010, and noted a whole person impairment of 24 percent. Lopez claimed he now has about 50 percent use of his left arm, which was repaired in surgery, but likely will never be able do manual labor again. He alleged that his medical costs amounted to $147,432.33, and he sought recovery of damages for his past and future wage loss.