Case details

Foreman told to use conveyor without safety lock engaged: suit

SUMMARY

$6500000

Amount

Settlement

Result type

Not present

Ruling
KEYWORDS
ankle, crush injury, degloving foot, disfigurement epidermis, foot amputation, foot foot, heel, necrosis, scar, toe
FACTS
On Nov. 22, 2013, plaintiff Jason Gilmer, 37, an experienced underground foreman and heavy equipment operator for California Trenchless Inc., was working in Martinez, replacing sewer pipes by means of relining the existing pipes with resin-filled liners. In order to flatten any bulges, the liners had to be run through rollers on a conveyor belt. As Gilmer was working to replace a portion of the sewer pipe, his left foot became trapped in the conveyor belt used to flatten sewer liners for “trenchless rehabilitations.” Despite pressing the stop button on the conveyor’s remote control, his colleagues were unable to stop the conveyor. As a result, Gilmer sustained to his left foot and toes. Gilmer sued the companies that leased the conveyor belt to CTI, Spiniello Cos. and Ferratex Inc. NJR Industries Inc. of California and NJR Industries Inc. were also named as defendants, but they were ultimately dismissed from the case. Plaintiff’s counsel contended that CTI employed several former Spiniello employees, who taught Gilmer and his team to disengage the safety lock on the conveyor to allow bulges in the liner to pass through the rollers without shutting down the conveyor. Counsel contended that as a result, Gilmer was smoothing out large bulges without the safety lock engaged, as he had been shown to do, when his foot got caught in the rollers. Counsel further contended that Spiniello had modified the conveyor in such a way as to impede the operation of its safety devices. Plaintiff’s counsel asserted that Spiniello and FerraTex were extremely careless in regard to their obligations to provide a safe product to their customers and warn of safety issues with their equipment. Spiniello and Ferratex denied responsibility for Gilmer’s accident and, instead, blamed both Gilmer and CTI for Gilmer’s . Specifically, they contended that Gilmer should not have attempted to flatten the bulges while the conveyor was moving., Gilmer sustained crush and degloving to his left foot and ankle. In the days, weeks, and months that followed, he suffered from bone infections and necrosis of the toes and foot. He eventually had to undergo multiple surgeries to amputate all of his toes and most of his foot over a period of months. Gilmer has subsequently received multiple prosthetics. Gilmer claimed that he is permanently disfigured and will require prostheses for the rest of his life. He also claimed that he will no longer be able to work as a heavy equipment operator and is pursuing other, less physically demanding career opportunities. Thus, Gilmer sought recovery of past and future medical costs, past and future loss of earnings, and damages for his past and future pain and suffering.
COURT
Superior Court of Contra Costa County, Contra Costa, CA

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