Family of man killed by brush chipper settles
Contrary to what Jomoco stated about the lawsuits, this is usually the outcome.
In this case, the worker was misusing the chipper "His foot was caught in the chipper when he used it to try dislodging a stuck log," and they had not checked to make sure the safety features worked before using the machine, and still the chipper manufacturer had to pay.
http://www.journaltimes.com/news/local/article_113e5cbe-98a4-11de-95e7-001cc4c03286.html
The family of a Pleasant Prairie man killed three years ago in a brush chipper accident has finalized a settlement agreement with the company that made the chipper.
Jeremiah Sanders died Aug. 15, 2006, when he was using a brush chipper on a job site. His foot was caught in the chipper when he used it to try dislodging a stuck log. When Sanders realized his foot was caught, he pressed the safety bar, designed to stop the machine and prevent serious harm. The bar had a faulty ball joint, and did not work. Sanders and his co-workers were not able to stop the machine.
Sanders' family sued Morbark, Inc., the maker of the chipper, saying it was defectively designed and unreasonably dangerous.
Morbark was the only brush chipper manufacturer in the world to use "a failure-prone ball-joint system" for its safety bars, according to a release from Habush Habush & Rottier, the law firm representing Sanders' family.
The lawsuit appears to have made a difference, according to Habush Habush & Rottier, as Morbark has changed the design of the safety bar attachment. Attorney Timothy S. Trecek, who represented Sanders' family, does not believe that Morbark commenced a recall, and there may still be Morbark machines in the field with the dangerous ball joint connection.
The settlement amount reached with Morbark is confidential, but it is believed to be the highest pre-trial settlement ever paid by Morbark in a products liability case.
"This settlement ensures that Mr. Sanders' children will be well provided for," Trecek said.
Messages left Thursday with Morbark were not returned.