Case Results · Personal Injury

A moving machine chain severed part of Maria’s finger. The jury found her employer fully negligent.

Maria E. was cleaning a tortilla-making machine when a moving chain severed part of her right index finger. Her case focused on the practice of cleaning the machine while it ran and whether an adequate guard would have prevented access to its moving parts. Vuk Vujasinovic and the VB Attorneys team represented Maria and obtained a $58,966 jury verdict.

Recovery$58,966 Jury Verdict

Case at a glance

  1. Recovery: $58,966 Jury Verdict
  2. Injury: Partial amputation of the right index finger
  3. Practice: Personal Injury
  4. Attorney: Vuk Vujasinovic

An injury while cleaning a running machine

Maria operated a tortilla-making machine at a Houston food factory. On April 14, 2005, she knelt down and reached into the machine to clean it while it was running.

A moving chain caught her right index finger, severing it at the second knuckle. She was taken to the hospital, where surgeons cleaned and closed the wound. She later received physical therapy.

Examining the work practice and the machine guard

Vuk and the VB Attorneys team brought a negligence lawsuit against the employer, which did not carry workers’ compensation insurance.

Maria alleged that the factory tolerated unsafe work practices and that the guard on the back of the machine was too small. She said employees regularly cleaned the machines while they were running.

Her claim was that a larger guard would have prevented workers from reaching into the moving equipment. The case therefore examined both the physical safeguard and the way employees routinely cleaned the machine.

The consequences beyond the initial surgery

Maria returned to the factory six weeks after the injury. She had been paid for the time she missed. Two months after returning, she left for another employer at an hourly wage one dollar lower than she had earned at the factory.

Her claim addressed medical expenses, physical impairment, pain and disfigurement. It also included a claim for lost wages. The loss of part of her finger remained a permanent physical change even after she returned to work.

The jury’s decision

The jury found the employer 100 percent negligent and awarded Maria $58,966.

The verdict resolved a case centered on access to a moving chain and the safety of a routine cleaning practice. Maria’s return to work did not erase the injury or prevent her from pursuing compensation for its effects.

Questions about the case

A moving chain partially amputated her right index finger while she was cleaning a running tortilla-making machine.
Maria alleged that the employer allowed unsafe cleaning practices and failed to provide a sufficiently large guard to prevent access to moving machinery.
The jury found the employer 100 percent negligent and awarded Maria $58,966.

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