Nicolson Law Group wins defense verdict in Philadelphia County in Oreo Conveyor Accident

Cheryl Nicolson and Melissa Yemma win defense verdict in favor of Rockwell Automation, Inc. in a Philadelphia County jury trial.  

In August 2011, the Plaintiff, James O’Gorman, a Kraft employee, crawled underneath a yellow railing and a moving conveyor on the Oreo line to clean the rollers in violation of Kraft’s policies and procedures that the conveyor should have been locked out and tagged out prior to cleaning.  Mr. O’Gorman was on his hands and knees beneath the running conveyor  and was trying to move backwards when his t-shirt was pulled into the moving rollers of the conveyor.  In an attempt to free his t-shirt, his right arm got stuck in the moving rollers.  He sustained a permanent crush injury to his right arm and fractured his wrist and humerus. 

Mr. O’Gorman claimed that the Defendants – Rockwell, Systemax Technical Services, Inc. and Rumsey Electric Co. failed to warn that the roller required safety guarding.  At trial, the Defendants argued that Mr. O’Gorman assumed the risk and that his injuries were caused by his failure to follow Kraft’s policies and procedures.  Further, there was no evidence of a defect with regard to the Oreo line and Plaintiff failed to establish that the Defendants breached any duty.

The jury deliberated for less than 3 hours and returned a unanimous defense verdict on all claims.