Hernandez

Hernandez v. Bobst, North America, Inc.

Good Law
United States District Court, Eastern District of CaliforniaFebruary 22, 20211:19-cv-00882California2,616 words

Opinion

Trial Court Opinion

I. BACKGROUND

3 On June 27, 2019, Plaintiffs Michael Hernandez and Becky Hernandez (collectively, “Plaintiffs”) filed a complaint against Defendant Bobst Group North America, Inc. (“Defendant”) for injuries Mr. Hernandez allegedly sustained when his right hand was pulled into, crushed, and de-gloved by a machine that folds and glues carboard boxes—the Martin Midline 924 Flexo-Folder Gluer machine (the “Subject Machine”)—while he was working for his employer Pacific Southwest Container (“PSC”) in November 2017. (See Doc. 1-1 (“Compl.”) ¶¶ 1, 2.) Plaintiffs allege that the Subject Machine was defectively designed because the “feed roller guard” did not prevent fingers and gloves from being pulled into the machine. (See id. ¶¶ 2, 19.) Defendant sold the Subject Machine to PSC and serviced it in the years leading up to the November 2017 incident. (See id. ¶ 7.) Plaintiffs allege Defendant knew of the Subject Machine’s defective design because of prior similar injuries, but neither fixed the product nor warned of the danger. (See id. ¶ 24–27.) They assert claims for strict products liability, negligence, and loss of…

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