$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.