Pedro Quiroz v. Sutta, General Hydraulics, and E.C. Buehrer
- Resolution Date:
- December 1997
- Practice Areas:
- Industrial Accidents
- Synopsis:
- The Sutta Company was Pedro Quiroz's employer and recycled waste paper. The Sutta Company purchased a General Hydraulics paper baler from E.C. Buehrer Associates. E.C. Buehrer retrofitted this particular paper baler with an elevated work platform at one end. Paper was loaded into its "throat," which was originally located five feet off the ground. The new platform, added by E.C Buehrer, raised the operator to the same level as the loading "throat." Once the machine was filled, the operator was supposed to close a safety gate that covered the open "throat." The operator then pressed a start button to send a hydraulic ram down to compress the paper. Pedro Quiroz was hired by The Sutta Company to operate this paper baler. He was a Mexican immigrant who spoke only Spanish and he was trained by a supervisor who spoke no Spanish. The warning signs on the paper baler were not in Spanish. The safety gate interlock was disabled and this permitted the baler to operate even when the safety gate was open. On September 10, 1992, Pedro Quiroz was working alone during the late shift. After loading the paper baler, Pedro pressed the start button. As he stepped back to distance himself from "throat," he slipped and his foot was caught by the hydraulic ram, which pulled his leg into the throat. His leg was crushed below the knee. He managed to press the stop button, but his leg was trapped. He waited alone, for almost 45 minutes, until the next shift started. By the time he was discovered by a coworker, Pedro Quiroz began going into shock. In order to save his life, his leg was amputated by an emergency medical technician, without anesthetic.
- Attorneys:
-
William Veen
Kevin Lancaster - Resolution:
- $1.6 Million