Romo v. XYZ Equipment Company
Plaintiff was working as a laborer in a bakery using an old flour mixer machine. The mixer became stuck. Plaintiff attempted to remove debris from the mixer. The mixer started resulting in a traumatic amputation of thumb and two fingers. The case proceeding on a design defect theory. Defendant claimed both Plaintiff and his employer’s comparative negligence in bypassing the safety guards. The Plaintiff argued that redundancy was necessary and that the mixer blades should not move if the cover were open.