Punch press: Press malfunctions: Failure to prevent hands-in-die operation, conduct daily inspections: Hand amputations: Settlement

Law Reporter, Dec 2004

Wenzlaff v. Dickmann Mfg. Co., Wis., Milwaukee County Cir. Ct., No. 02-CV-002285, Jan. 7, 2004.

Wenzlaff, 62, rented time on a punch press from the manufacturer of the press so that he could test a the for a customer. While he was at the plant, the foreman operating the press removed parts with his hands. Wenzlaff offered to help. While he was removing parts by hand, the press malfunctioned and went from single cycle to continuous cycle. Both of Wenzlaff's hands were traumatically amputated. He underwent surgery to correct the ragged edges at the amputation sites and subsequent skin-graft surgery to graft skin over the exposed areas. He continues to suffer phantom pain and some tenderness at the amputation sites, but he successfully uses prostheses on both arms. His past medical expenses were about $204,000, and his future expenses are estimated at $60,000. The owner of a tool and the shop, he experienced no loss of income.

Wenzlaff and his wife filed suit against the press owner, alleging it had been negligent in allowing hands-in-die (HID) operation of the press, in violation of federal Occupational Safely and Health Administration (OSHA) regulations. Evidence revealed that several months before the incident, defendant's plant and press were inspected by OSHA, and the manufacturer was cited for a violation of OSHA regulations because the press was not equipped with certain safety equipment necessary for HID operation. The manufacturer reportedly paid a small fine and promised not to permit HID operation of the press by its employees.

Plaintiffs also alleged defendant was negligent in failing to conduct daily inspections of the press components.

Defendant argued that Wenzlaff was a sophisticated user who knew or should have known that putting his hands in the press was dangerous. Defendant also argued that Wenzlaff should have used tools to remove the parts and that he had ignored signs on the front of the press warning against placing his hands in the point of operation.

The parties settled for $1.7 million.

Plaintiffs' experts were Stan Weiss, metallurgy, Milwaukee, Wis.; and Joe Leane, mechanical engineering, Wheeling, Ill.

Plaintiffs' Counsel

*James J. Murphy, Milwaukee, Wis.

*Thadd J. Llaurado, Milwaukee, Wis.