Gray•Duffy, LLP resolves finger amputation case for nominal amount.

January 2017

Overview

Rick Williams, of Gray Duffy’s Redwood City office was successful in resolving a serious hand injury case for minimal amount after filing a Motion for Summary Judgment.

Discussion

Johnny V. Allen v. Amy’s Kitchen, Inc., et al.

Gray Duffy’s client Precision Crane Services, Inc. (“Precision”) offloaded a 10,000 lb. commercial mixing machine at an Amy’s Kitchen food manufacturing facility in Napa, California and was assisting in the movement of the machine through the production plant when plaintiff Johnny Allen sustained a partial amputation of the middle finger on his left hand when the machine shifted off a hydraulic jack, severing the finger.

Precision employees, who were assisting in the movement of the machine on rollers and with the use of floor jacks, were not present at the time of the plaintiff’s injury. Its employees had gone to their truck to procure necessary hydraulic jack equipment to lift and maneuver the machine into place when the plaintiff and his co-employee decided to use an automobile floor jack to attempt to move the machine several inches to its final resting place. It was during this attempted movement and placement of the machine that the jack, supplied by plaintiff’s employer Bryson Enterprises dba CC&M Welding, failed, causing the machine to fall on the plaintiff’s finger, traumatically amputating a portion of same.

Gray Duffy filed a motion for summary judgment on the basis of lack of foreseeability or duty on its part at the time of the subject injury. The movement and installation of the machine was being directed by an employee of the property owner, Amy’s Kitchen. Amy’s Kitchen previously obtained a summary judgment and dismissal in the case on the basis of the Privette doctrine.

While the hearing on Precision Crane Services’ summary judgment motion was pending, the case settled as to Precision Crane Services for a nominal sum.

It should be noted that the summary judgment and dismissal as to defendant Amy’s Kitchen is currently on appeal.

Please Note: This article is necessarily general in nature and is not a substitute for legal advice with respect to any particular case. Readers should consult with an attorney before taking any action affecting their interests.