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Summary Judgment Obtained in Industrial Accident Case

December 5, 2017

In Granados v. Balemaster, et al., the Supreme Court for the State of New York, County of Suffolk granted summary judgment in favor of our manufacturer client ruling that the machinery was designed properly and included the proper warning stickers to alert users of the potential dangers of using the machinery. The court further ruled that safety features on the machinery were disabled subsequently leading to the accidental injury.  

In this product liability matter, Plaintiff Julio C. Granados sued to recover damages for injuries he sustained when the hydraulic cardboard compactor/baler he was servicing activated and severed his legs. The baler in question was manufactured by defendant Balemaster. Granados asserted claims against Balemaster for negligence in its product’s design, manufacture, sale, inspection, delivery, packaging, warning, strict products liability, and breach of warranty. 

Depositions of the plaintiff revealed that essential safety features on the machinery had been disabled in an effort to increase production and that the plaintiff had ignored the warning labels on the machinery. Balemaster subsequently moved for summary judgment on the grounds that it played no role in the baler’s maintenance, that no manufacturing or design defect was present, that Grandaos caused his own accident by disregarding the warning labels on its product, and that the product was substantially modified by plaintiffs employer after it left Balemaster’s possession. 

Paul Piantino represented Balemaster.

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