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DISCLAIMER: Please note that every case is different and these verdicts and settlements, while accurate, do not represent what we may obtain for you in your case.
| Workplace Safety |
| Worker's finger was severed by chain in running tortilla machine
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| Verdict: (P) $58,966.00 Attorney fees: $23,586 Litigation expenses: $11,000 |
| Case Type: Workplace, Negligence - Negligent Training |
| Case: Maria M. Escobar v. Super Lopez Food Products and Tortilla Factory Inc., No. 2005-47063 |
| Venue: Harris County District Court, 165th, TX |
| Judge: Kathleen Stone |
| Date: 07-24-2007 |
| PLAINTIFF(S) |
Attorney:
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| DEFENDANT(S) |
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| Facts: On April 14, 2005, plaintiff Maria M. Escobar, 46, was operating a tortilla-making machine at the Super Lopez Tortilla Factory in Houston. In order to clean the machine, Escobar knelt down and reached into it while it was running, and one of the moving chains severed her finger. Super Lopez did not have workers' compensation insurance. Escobar sued Super Lopez Food Products and Tortilla Factory Inc., Houston, for ignoring unsafe work practices and failing to provide a large enough guard device on the back of the machine. She said that employees regularly cleaned the machines while they were running, and that a larger guard device would have kept them from being able to do so. Super Lopez denied negligence, contending that Escobar was the sole proximate cause of her injury. The company said that it trained Escobar on how to operate the machine, and less than two months before the incident, Escobar signed a confirmation that she had received safety training, including training on hand safety.
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Injury: Escobar's right index finger was severed at the second knuckle. She was taken immediately to the hospital and underwent surgery to clean and close the wound. She later underwent three sessions of physical therapy. Escobar returned to work at Super Lopez six weeks after the injury. She was paid in full for the time she missed. Two months after returning, she quit and went to work for a different employer at an hourly wage that was $1 less than it was at Super Lopez. Escobar's past medical bills were $24,998. Before suit, Super Lopez satisfied the $17,994 hospital bill, which left outstanding bills of $7,004. Besides medical bills, she claimed past lost wages, past physical impairment, past and future pain and suffering and past disfigurement.
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Verdict Information The jury found Super Lopez 100 percent negligent, awarding $58,966.
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Maria M. Escobar $24,998 Personal Injury: Past Medical Cost $2,000 Personal Injury: Past Physical Impairment $1,968 Personal Injury: Past Lost Earnings Capability $15,000 Personal Injury: Past Pain And Suffering $5,000 Personal Injury: Future Pain And Suffering $10,000 Personal Injury: Past Disfigurement |
Post-Trial: With prejudgment interest and taxable costs, the judgment was about $70,000.
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Editor's Comments This report is based on information that was provided by plaintiff's counsel. Defense counsel did not respond to the reporter's phone calls.
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