The Italian company that manufactured a smoothing and drying machine for use in a tanning facility, has been found responsible for a "gloving' accident that left a man permanently disfigured, as reported by the Courthouse News Service.
G.G.'s left hand was crushed in the rollers of a Rizzi machine at the Garden State Tanning Company in Reading, Pa., on August 7, 2002. The accident left G.G.'s "skin torn away and his fingers were partially amputated."
U.S. District Judge Gene Pratter found Rizzi 1857 S.P.A. liable. Rizzi is, according to court documents, "allegedly in dire financial straits."
Garden State Tanning purchased the machine directly from Rizzi.
The judge wrote, "Following this gruesome injury, Mr. (G.G.) has undergone surgeries, physical therapy, and other medical treatments, and his claimed losses include permanent disfigurement, an inability to work, loss of earning capacity, and continuing pain and suffering."
After the accident G.G. pursued a suit against Rizzi in 2004 and asked for damages for strict product liability, breach of warranty and negligence. Rizzi asked that G.G. extend them time – repetitively – to respond to the suit.
In 2005 Rizzi obtained counsel and answered the suit, however, by 2006 Rizzi stopped making an effort and moved to withdraw. At that time Rizzi argued that the company had voluntarily liquidated and would proceed unrepresented.
The motion was granted.
Rizzi then failed to send a representative to a status conference in May of 2007 and failed to obtain counsel. In March of 2008 the court entered a default judgment against Rizzi and stayed the case to see how the lawsuit would be affected by Italian bankruptcy law.
G.G.'s counsel informed the court that Rizzi hadn't filed a petition for bankruptcy recognition – and the stay was lifted. G.G. sought default judgment in May of 2012.
Rizzi was notified of the motion in June, a hearing was held in July.
Six affirmative defenses were filed by Rizzi that included failure to state a claim; statute of limitations, laches, and/or estoppel; contributory negligence; and assumption of risk. Rizzi also claimed that others caused G.G.'s injuries and that Rizzi had no control "for whom it is not responsible."
Judge Pratter found no "specific facts" in Rizzi's arguments. The judge granted G.G.'s motion regarding liability and set a jury trial to access the damages.
Judge Pratter wrote, "The machine was defective because it lacked all the necessary safety features to protect users, including an automatic shut-off mechanism on its underside that would have prevented a worker's hand, like Mr. (G.G.'s), from being crushed…Rizzi breached the implied warranty because its machine had so many flaws that it was not fit for use by workers…Rizzi did not provide specific facts beyond simple denials…to show that it did not violate the implied warranty of merchantability. As such, Rizzi has not set forth a meritorious defense to this count. While Rizzi did eventually answer Mr. (G.G.'s) complaint, it has gone years without actively defending itself in this action and, as stated above, ignored numerous orders issued by the court..."
If you have been injured because of faulty machinery contact a personal injury lawyer. Filing for your damages will help offset your medical bills, and any other expenses related to your injury.