The Baton Rouge, Louisiana injury lawyers at Dué, Guidry, Piedrahita & Andrews settled an industrial accident case caused by a defective horizontal boring machine. The plaintiff, a machine operator at Cooper Cameron Valves in Ville Platte, Louisiana, sustained severe orthopaedic injuries on March 9, 2004 while operating a 6″ horizontal boring machine, model G-60T, which had been retro-fitted with a Numeripath 8000 CNC control, and which was manufactured by Giddings & Lewis. Plaintiff became entangled in the rotating spindle while reaching across the spindle to check the depth of a hole he had just tapped on a large valve body.
Louisiana product liability attorney, B. Scott Andrews, brought a product liability action under the Louisiana Products Liability Act, La. La.R.S. 9:2800.51, et seq., against the manufacturer, alleging that it failed to design, construct and retrofit the machine in accordance with accepted hazard control, design and construction safeguarding and failed to equip the machine with a fixed or interlocked movable guard or with other available safeguarding or protective devices such as pull back (pull out) and restraint devices; electro-optical, RF, and area scanning presence-sensing safeguarding devices; safety mat devices; safety edge devices; and/or probe detection devices, all of which were allegedly available options on the retail market at the time of plaintiff’s accident. Giddings & Lewis argued that the plaintiff was solely at fault for reaching across the rotating spindle, that the employer was at fault for failing to properly train plaintiff and/or that the employer was responsible for the selection and implementation of optional safety devices.
The case settled with Giddings & Lewis paying $250,000 and the employer waiving its $180,000 worker’s compensation reimbursement claim and remaining responsible for plaintiff’s accident related future medical expenses.
If you were seriously injured or if a loved one suffered a wrongful death as a result of an industrial accident caused by defective machinery, contact the experienced Baton Rouge, Louisiana product liability lawyers at Dué, Guidry, Piedrahita & Andrews. Email Louisiana injury lawyers or call (800) 929-7481 to schedule a free consultation.