The manufacturer of a commercial mixer denies liability in a woman’s suit alleging her hand was "mangled" when it was pulled into the machine.
Gloria Lopez filed her complaint on Aug. 7 against American Food Equipment Company. The lawsuit was originally filed in Madison County Circuit Court, but the defendant removed to the U.S. District Court for the Southern District of Illinois on Sept. 14.
American Food Equipment Company argues that complete diversity exists between the parties as it is incorporated under the laws of Massachusetts and maintains its principal place of business in Idaho. It also argues that the amount in controversy exceeds $75,000.
According to Lopez’s complaint, she was employed with Bailey International Inc. in Granite City. On Jan. 28, 2019, at 5:30 p.m., Lopez was working with the ribbon blender machine manufactured and designed by American Food Equipment Company in Bailey’s mixer room “in a reasonably foreseeable manner.” She claims that prior to her use of the machine, unknown individuals removed safety features, including guards, from the blender, exposing rotating parts, blades and pinch points. While using the blender, Lopez claims the mixing content became clogged. She attempted to clear it using her right hand when the unguarded mixing blades allegedly pulled her hand into the machine, causing permanent injuries.
The plaintiff allegedly sustained cuts, tears and mangling of her right hand. She also suffered pain, disability, disfigurement and loss of use or her hand.
Lopez argues that the blender was defective because it did not contain adequate interlocking power cutoffs when safety guards were removed, did not contain adequate warnings, and did not have guards or caging to shield the blades.
“The risks inherent in the design of the subject machine significantly outweighed the benefits of such design and reasonably safe alternative designs were available and feasible,” the suit states.
American Food Equipment Company answered the complaint on Sept. 15 through attorney Donald Ohl of Knapp, Ohl & Green in Edwardsville, denying liability.
Lopez seeks a judgment in her favor in excess of $50,000.
She is represented by Lanny Darr of Darr Law Offices in Alton and Keith Short of Keith Short and Associates PC.