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Remedies Keyed to Tabb, 8th
Romero v. ITW Food Equipment Group LLC
Citation:
2015 WL 4692357 (2015)Facts
On July 13, 2009, plaintiff Waldimir Adalberto Cruz Romero was operating a Hobart Model 4046 meat chopper manufactured by defendant ITW Food Equipment Group LLC. The meat chopper was equipped with a guarded feed pan and interlock device designed to prevent operation without safety mechanisms in place. Plaintiff was using the machine without the guarded feed pan and had bypassed the interlock device by placing a bowl of chicken on it. While feeding chicken into the meat chopper, plaintiff slipped, resulting in the loss of his lower forearm. Plaintiff brought a strict liability action claiming defendant failed to provide adequate warnings. After a first trial ended in a hung jury in May 2014, a second trial in June 2015 resulted in a jury verdict for plaintiff. The jury awarded $2,977,997.00 in damages, including past and future medical expenses, past lost earnings, and pain and suffering. Plaintiff subsequently moved to amend the judgment to include prejudgment interest from the date of injury.
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