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Mitchell settles a products liability case

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Mitchell settles a products liability case for $225,000. A young mother of four cleaning a powerful commercial ice cream making machine got her sleeve caught in an unguarded power transmission shaft. As she was cleaning the machine at the end of the day in the retail ice cream store where she was employed as a manager, Mitchell’s client’s clothing became twisted around her arm and drawn into the machine up to the shoulder, breaking both bones in her forearm and causing other significant injuries. Mitchell’s client was hospitalized following surgery to install stainless steel plates and screws to hold the bones together and was completely disabled for six months before she could return to work. After pursuing her rights to workers compensation benefits, Mitchell’s client retained him to pursue a claim against the manufacturer of the machine. The expert engaged by Mitchell, a Professor Emeritus and former Chairman of the Engineering Department of the College of New Jersey, determined that the machine had a number of dangerous deficiencies, including the lack of a guard on the power shafts, no warnings about the danger, and finally, no kill switch within reach to turn off the power, which should have been installed on the machine.

December 10, 2006

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