Machine Maker to Pay $33.9 Million Over Worker Left Paralyzed
DESIGN DEFECT ALLEGED: Mazie claimed that the machine’s design was defective and caused the accident.
A $33.9 million settlement over an accident that left a machine operator a quadriplegic won court approval August 20, 2012. On Sept. 30, 2009, the plaintiff was using a machine at his workplace when the machine crushed his torso so he could not breathe. Co-workers did not discover him for about 15 minutes.
Plaintiff suffered a loss of oxygen to the brain, leaving him a quadriplegic. Now 33, he is unable to speak, feed himself or control his bodily functions. Plaintiff’s sister and guardian, sued the machine maker in Passaic County Superior Court in June 2010. Defendant removed the case to federal court that July.
Plaintiff, represented by David Mazie and David Freeman of Mazie Slater Katz & Freeman in Roseland, claimed the Defendant failed to address a known design defect, to implement safety features and provide warnings.
On Aug. 20, the Court approved the settlement, 25 percent of which was awarded as legal fees to Mazie Slater.