LANCASTER – A Pennsylvania woman recently settled with the manufacturer of a chicken carousel machine that she says was responsible for the injuries she suffered when her hand became caught in the device.
On Dec. 6, counsel for plaintiff Tammy Kipp filed a praecipe to mark the case as settled, discontinued and ended. Terms of the settlement were not disclosed.
Kipp, of Denver, first filed suit on Jan. 13, 2017 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 read.
“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 added.
“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 said.
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.
On April 25, 2017, the defendant filed a response and new matter to Kipp’s complaint.
Among other assertions, it argued that Kipp failed to state a claim upon which relief could be granted, may be barred by the statute of limitations and that the defendant company did not fail to warn of any supposed risk in using the device.
Prior to settlement and 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 was represented by Bradley R. Smith of Galfand Berger, in Philadelphia.
The defendant was represented by Patrick J. Moran and Kenneth J. Sykes of William J. Ferren & Associates, in Blue Bell.
Lancaster County Court of Common Pleas case CI-17-00245
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com