On August 14, 2010, the left arm of M-37 became entangled in the then-moving auger of a Hobart Corporation (ITW Food Equipment Group LLC) MG-1532 mixer-grinder being operated by the plaintiff at the Jewel/Osco located at 443 East 34th Street in Chicago, Illinois, which resulted in severe and permanent injuries to the plaintiff and required multiple surgeries (10-12) and rehabilitation. The plaintiff sustained a grade 3B medial, open, left mid-humerus fracture. Additionally, there was a fracture dislocation about his elbow, the radius was dislocated, and the ulna was fractured. At the time of the accident, the mixer-grinder’s original magnetically-actuated safety interlock switch had its reed contacts fused, thus, permitting the machine from operating with the hopper lid open.
Settlement was reached shortly before the matter was scheduled for trial.