Plaintiff, two defendants seek to settle Olin conveyor belt injury suit

Amelia Flood Feb. 2, 2011, 7:33am


Several parties in a suit over injuries a man allegedly suffered when his right hand got caught in a roller conveyor machine at Olin Corporation in East Alton are asking for approval of a settlement in the suit.

Madison County Circuit Judge William Mudge was set to hear the settlement motion Wednesday morning.

Plaintiff David Phillips and defendants Cardinal Contracting LLC and J.F. Electric Incorporated reached their settlement Jan. 27.

Other defendants in the suit including PKM Machine, now known as Siemag-PKM GmbH, GRP Mechanical Company, Inc., Intergrated Industrial Systems Inc. and RCS Construction Inc. remain in the case.

Olin had been named as a third party defendant in the suit as well.
It was dismissed from the suit in 2009.

A number of counterclaims were filed by the defendants against one another.

Phillips had been seeking damages in excess of $50,000 per count and other relief.

According to his amended complaint filed in April 2009, PKM made a roller conveyor that was bought and installed in the East Alton Olin facility where Phillips worked in 2000.

Phillips caught his right hand in the machine on Sept. 16, 2005 while working for Olin.

The plaintiff claims that PKM made an unsafe product and that it lacked guards, warnings and other safe guards.

The plaintiff claims he suffered permanent and severe injuries to his hand, incurred medical bills and lost wages.

He claims that GRP did not assemble and install the machine properly, leading to the injury.

Phillips makes similar claims of about the machine's negligent installation against Cardinal, and J.F. Electric.

The plaintiff contends that Intergrated Industrial gave Olin bad advice when it determined which roller machine Olin needed to purchase in 2000.

Phillips alleges RCS unreasonably created a trip hazard that led him to trip and fall into contact with the roller machine.

The claims made by the various defendants against Olin allege that the company was negligent in failing to properly train Phillips and failing to provide him with a safe work place.

Those claims seek set-off in the event of any judgment against them.

The Jan. 27 move for settlement includes a release of all claims against Cardinal and J.F. Electric upon the payment of a confidential sum.

The plaintiff also agrees to hold the pair of defendants harmless.

The defendants do not admit liability under the settlement's terms.

The settlement does not extend to the rest of the defendants in the suit.

Roy Dripps represents Phillips.

Kevin Babb represents PKM. Lloyd Williams and Hanson Williams also represent PKM.

Mary Anne Mellow and Jonathan Barton represent Cardinal.

John Enright represents J.F. Electric.

Pamela Triplett represents Intergrated Industrial.

John Cunningham represents RCS and GRP.

Former Madison County Circuit Judge Daniel Stack formerly oversaw the case.

The case is Madison case number 07-L-821.

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