ClickCease Defective Industrial Metal Forming Machine | Walkup, Melodia, Kelly & Schoenberger

Defective Industrial Metal Forming Machine

We successfully represented the interests of a 42-year-old metal worker who suffered a catastrophic brain injury after a 50-pound piece of metal was ejected from a metal-forming lathe manufactured by the defendant, a Japanese corporation. On behalf of our brain-damaged client, our attorneys demonstrated that the lathe had been manufactured and sold without analyzing all possible failure modes and without including protection for workpieces or chuck components to be contained within the chamber of the lathe.

Our attorneys were able to prove that the manufacturer knew of at least two similar lathe accidents, but had taken no remedial action. Under the terms of the settlement, approximately 75 percent was paid in cash, and 25 percent was dedicated to the purchase of multiple annuities to help pay for ongoing medical costs and to provide financial support for the wife and children of our injured client. As part of the settlement, a workers’ compensation lien in excess of $1 million was also compromised and waived.