$5 Million for Accident Victim
In the spotlight
The Legal Intelligencer
January 21, 2004
A man who lost half of his right arm in an industrial accident will be paid $5 million in a settlement of his products liability suit against the manufacturer of a paper shredder.
According to court papers, Miller, a native of Jamaica, was working as a laborer at Secured Destruction Services, a document processing and recycling company in Norristown that operates a large warehouse with industrial machines that shred, destroy and package waste paper products.
On Aug. 28, 2000, Miller was working with an Ameri-Shred AMS 12500 shredding unit manufactured by Endura-Max, a machine that has a 3-foot-wide conveyor belt extended from the shredding machine to a baling machine, which then packages the materials that are shredded into rectangular bales, according to court papers.
Miller noticed debris caught in the conveyor belt and attempted to remove it by patting the belt's underside with his gloved hand. Miller's right hand was caught in the conveyor belt and pulled into the rollers, amputating the arm below the elbow, according to court papers.
Ambulance workers noted that Miller's right arm was still attached to his body "by dermis only," according to court papers, and that they were forced to cut the skin connecting the arm in order to free him from the machine's grip.
According to court papers, an engineering expert hired by the plaintiff concluded that the accident was caused by the shredding machine's faulty design.
Engineer Craig Clauser concluded in his report that the machine should have been designed with a guard to prevent workers from reaching the conveyor belt.
"The fact that guarding of this hazard was technically and economically feasible is demonstrated by the fact that Mr. Miller's employer installed a simple and effective guard after the incident," Clauser wrote in his report.
Clauser also noted that there were no warnings present on the machine specifically identifying the potential hazard or telling the operator to stop and de-energize the machine before placing his hands near the conveyor belt.
An economic expert calculated that Miller, who was 34 at the time of the accident, would lose more than $2 million in income as a result of his injury.
