Mudge to hear plaintiff's plea to amend petition in wrongful death suit tomorrow

By Amelia Flood | Apr 28, 2011


Madison County Circuit Judge William Mudge is set to hear a plaintiff's move to amend a wrongful death claim on Friday.

Plaintiff Zachary Niswander, through his mother, Brenda Niswander, is suing Hwacheon Machinery America Inc. of Addison, Ill. on claims of the wrongful death of his father, Michael Niswander.

Michael Niswander died July 11, 2009 when a steel bar he was allegedly polishing got caught in a machine that spun it around and struck him. The injury was fatal, according to his son's complaint.

Zachary Niswander is asking to add claims against Whacheon U.S.A. Inc. and Hwacheon Machinery Works Co. Ltd. to his complaint.

The defendant has yet to enter an answer or appearance in the case.

According to his complaint, the defendant negligently designed the machine that the steel bar caught in without guards, a start mechanism that could be triggered by accidental body contact, and an emergency stop button that was not easily accessible to operators.

The plaintiffs claim that the defendants they wish to add to the suit also played a role in the design of the machine that caused the fatal accident.

Robert Pedroli and Benjamin Stone represent the plaintiffs.

The case is Madison case number 11-L-136.

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