Case details

Mechanic lost fingers when unguarded mechanism started

SUMMARY

$4578915

Amount

Verdict-Plaintiff

Result type

Not present

Ruling
KEYWORDS
neurological, reflex sympathetic
FACTS
On the morning of June 4, 2009, plaintiff John Mullin, 49, a mechanic for an industrial parts company, went to the Jelly Belly factory in Fairfield before the production line was to start. Mullin was at the factory to obtain a part number listed on the label of a gearbox located on the bottom of a multiple-story sugar silo. After he got under the silo and found the label, he crouched down and reached his right hand to wipe off the sugar dust that covered the label. Next to the label, there was a sprocket that turned a metal chain that controlled the flow of sugar. Although the chain was guarded on the outside, Mullin was unaware that the chain was unguarded on the side near the label. As a result, when Mullin’s fingers came near the machine, it activated and caused the chain to entrap the third and fourth fingers of Mullin’s right hand. He subsequently suffered degloving amputations of the third and fourth fingers on his right hand. Mullin sued Jelly Belly Candy Co. He alleged that the company was negligent for failing to warn him about the machine’s unguarded chain and for violating Occupational Safety and Health Administration standards. Plaintiff’s counsel contended that OSHA required a complete guard around the chain-and-sprocket mechanism within the sugar silo, but that Jelly Belly failed to have such a guard in place. Counsel also contended that Jelly Belly was negligent for failing to warn of the machine starting automatically and about the exposed pinch point. Defense counsel argued that its failure to properly guard the chain and sprocket was not a substantial factor in causing Mullin’s injury and that Mullin was negligent for failing to request that the equipment be turned off. Counsel contended that a Jelly Belly employee told Mullin that the machine was on and warned him not to touch anything. In addition, counsel contended that Mullin’s employer, Bearing Engineering, was negligent for failing to train its employees on the proper lockout/tagout procedures., Mullin suffered degloving amputations of the third and fourth fingers on his right hand. He subsequently developed complex regional pain syndrome, also known as reflex sympathetic dystrophy or causalgia, a chronic pain condition. Mullin has undergone several unsuccessful procedures to attempt to alleviate the pain, including a thoracic sympathectomy, various nerve blocks, and revision amputations. Mullin has continued to work and is now a machine parts salesman. However, he claimed he now has reduced work hours and reduced commissions. Thus, Mullin sought recovery of future medical costs, past and future loss of household services, and past and future loss of earnings. (Past medical costs were paid by workers’ compensation.) Mullin also sought recovery of damages for his past and future pain and suffering. The workers’ compensation company, Endurance Workers’ Compensation Insurance Co., appeared as an intervening plaintiff.
COURT
Superior Court of Solano County, Fairfield, CA

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