Mudge denies summary judgment moves in Olin roller conveyor belt injury suit

By Amelia Flood | Mar 30, 2011


Madison County Circuit Judge William Mudge has denied two moves for summary judgment filed by two companies sued by a man who was injured by a rolling conveyor belt six years ago.

Both defendants PKM Machine, now known as Siemag-PKM GmbH and RCS Construction Inc., had asked for summary judgment in the suit filed by David Phillips.

Phillips is suing the companies and other defendants for injuries to his right hand that were allegedly caused by a conveyor belt at Olin Corporation in East Alton and conditions surrounding the belt that he claims caused a trip hazard.

Several parties on the defense side moved to settle earlier this year.

There are also a number of counterclaims pending among the defendants.

Phillips claims that he tripped and caught his right hand in the conveyor belt in September 2005.

He alleges that PKM, the belt's manufacturer, made an unsafe product without guards and warnings.

He claims defendant GRP Mechanical Company Inc. did not properly install the machine.

The plaintiff claims that Cardinal Contracting LLC and J.F. Electric Incorporated also played a role in the negligent installation of the belt.

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

He alleges that RCS's work on concrete at the site of the accident created a trip hazard.

The various defendants in the case allege Olin failed to properly train Phillips and is partially to blame in the incident.

Phillips seeks damages in excess of $50,000 a count and other relief.

Phillips, Cardinal and J.F. Electric settled in January for a confidential sum.

Mudge denied PKM's summary judgment motion March 14.

In that order, Mudge found that a dispute exists about whether the conveyor belt was unreasonably dangerous.

He went on to deny RCS's summary judgment motion March 28 finding that there is a dispute about whether RCS was responsible for creating a trip hazard.

Roy Dripps represents the plaintiff.

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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