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$450,000 result- cited in The New York Jury Verdict
Reporter
X/25-27 Product Liability - Dye Mixing Tank - Chemical
Burns With Scarring To Machine Operator
SETTLEMENT: Ayaz Sultan v. Gaston County Dyeing Machine v.
Cherry Hill Textile Co. 23026/87 Date of Settlement 12/4/92
Kings Supreme
Pltf. Atty: Alan M. Greenberg of Barton & Zasky, Manhattan
VERDICT: This $450,000 settlement was for a 24-year-old machine
operator employed by the Third-party Deft. Cherry Hill who was
burned by a mixture of lye and water while mixing the solution
in a tank. The accident occurred on 3/26/87 at 3:30 PM at Cherry
Hill's plant at 5301 First Ave. in Brooklyn. Pltf. was operating
a dye and chemical mixing tank, an open stainless steel tank in
which chemicals were mixed by a motorized agitator . When the
accident occurred, Pltf. was mixing a solution of 80 lbs. of
caustic soda (sodium hydroxide or lye) with 50 gallons of water.
An intense chemical reaction caused the lye to splash out of the
tank and Pltf. was hit on the arms and legs by the mixture.
Pltf. contended that the mixing tank was defectively designed in
that it did not have a cover or an electrical interlock between
a cover and the agitator motor. Deft. Gaston County, the
manufacturer of the machine, argued that it was not an industry
standard to provide mixing tanks with covers. It also contended
that a cover is not feasible because the tank operator must
always be able to see the dye in the tank. Against Cherry Hill
Textile, Deft. claimed that it was negligent for failing to
properly train Pltf. and for failing to provide him with the
appropriate clothing or equipment. Injuries: severe burns to the
arms and legs. Pltf. was in the New York Hospital-Cornell
Medical Center Burn Unit for 50 days. He underwent two skin
grafts and was left with serious scars. Pltf. claimed that he
also suffered a loss of strength in his arms and legs.
Demonstrative evidence: enlargements of photographs of the
machine; sketch by Pltf.'s expert of an alternative design of a
tank with a lid and interlocks. Pltf. Expert: Paul Glasgow,
P.E., mechanical engineer, Valley Stream. Deft. Expert: Stanley
Fein, engineer, Plainview, would have been called by Deft.
Settlement apportionment: Gaston paid $236,000 and Cherry Hill
paid $214,000.
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