Fredric Eisenberg and Daniel Sherry represented a 60 year old Pottsville factory work that was injured by a steel slitter, a machine used to cut and wrap plastic. The defective machine crushed the arm of the man between two rollers, leaving his arm physically disabled and utterly useless.
The plaintiff had worked at the factory for over thirty years and routinely cleaned the machine by standing on a platform and running a brush against the rollers at normal speed. On the day of the incident, the plaintiff's arm was pulled into the machine up to the shoulder and crushed between two rollers. A co-worker immediately pulled the emergency stop cord but the damage had already been done. Despite the intense amount of pain, the plaintiff remained conscious as an overhead crane was used to remove him from the machine. Once removed, he was rushed to the emergency room.
Doctors at the emergency room diagnosed the plaintiff with compartment syndrome, the compression of nerves, blood vessels, and muscle inside a closed space, and rushed him immediately to surgery to prevent amputation. Multiple surgeries were performed over the next few weeks including skin grafts in attempts to correct the damages of his arm; however they were unsuccessful and he currently lives with constant pain and physically disabled arm.
Attorneys Eisenberg and Sherry argued that the steel slitter machine was defective because a pinch point existed. It was at this pinch point that the plaintiff's arm became trapped in the machine. Expert witness testified on behalf of the plaintiff that manufacturers knew of the pinch point and took no steps to remedy the situation. In the process of safety engineering, defects and hazards are identified and neutralized. The pinch point could have been neutralized by changing the position of the rollers or installing guards to protect workers cleaning the machine.
The defective machinery caused the plaintiff to lose complete functionality in his dominant arm for the remainder of his life. Due to the injury, he lives in constant pain that will only get worse with age. Eisenberg and Sherry recovered $2.15 Million for their client.
