LANCASTER – A Pennsylvania woman believes the manufacturer of a chicken carousel machine is responsible for the injuries she suffered last year when her hand became caught in the device.
Tammy Kipp of Denver filed suit on Jan. 13 in the Lancaster County Court of Common Pleas, versus Kuhl Corporation of Flemington, N.J.
“On or about June 22, 2016, plaintiff [Tammy] Kipp, while exercising caution and due care on her behalf, was cleaning the subject carousel machine in the course of her employment when her hand became caught between one of the carousel’s drop pads and the metal divider separating the hatchlings by gender,” the complaint reads.
“While plaintiff’s hand was caught in the subject carousel machine, which continued spinning thereby pulling her with it, she was unable to stop or shut off the machine when a co-worker was required to hit the emergency stop button located on the wall, that was not within plaintiff’s reach with her hand stuck in the machine,” the suit adds.
“Even after the emergency stop button was pressed, plaintiff’s hand remained entrapped in the subject carousel machine until a maintenance worker was able to physically remove a portion of the machine to release her hand,” the suit says.
The plaintiff alleged the carousel was defective, unsafe and unreasonably dangerous per the Doctrine of Strict Liability established in the Second Restatement of Torts and that the defendant was negligent for failing to provide safe merchandise for the consumer market.
The plaintiff also claimed to have sustained a crush injury to her right wrist and forearm causing acute and severe median nerve neuropathy/entrapment at or above the right wrist, ultimately requiring surgery in the form of right carpal tunnel release and flexor tenosynovectomy, persistent neuropathy, permanent work restrictions, loss of earnings and earning capacity, psychological injuries including embarrassment, anxiety and other emotional trauma, great pain, suffering and hospital expenses.
For charges of negligence, products liability and breach of warranty, the plaintiff is seeking damages in excess of $50,000 and in excess of arbitration limits, plus pre-judgment interest, post-judgment interest and costs.
The plaintiff is represented by Richard M. Jurewicz and Bradley R. Smith of Galfand Berger, in Philadelphia.
Lancaster County Court of Common Pleas case 17-00245
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nickpennrecord@gmail.com