Case at a glance
- Recovery: $58,966 Jury Verdict
- Injury: Partial amputation of the right index finger
- Practice: Personal Injury
- 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.
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