Lawsuits Filed over Industrial Shredder Accident

Lawsuits Filed over Industrial Shredder Accident

An industrial accident in which a man lost both legs has led to the filing of two lawsuits: one by the mangled man, and the other by his brother.

Andrew Holcomb, 20, was working with an industrial shredder when he was sucked into it feet first. He filed a lawsuit earlier this year in Summit County Common Please Court.

The older brother, Gary Holcomb Jr., 23, witnessed the accident. He held his mangled brother after he was partially ground by the industrial baler-shredding machine on January 15, 2005 at a Neoshred facility.

The Lawsuit

Gary Holcomb Jr. filed in December a revised version of a lawsuit claiming that Gary Holcomb “sustained and will continue to experience severe and permanent debilitating emotional, psychiatric and psychological injuries, pain and suffering, lost wages and a diminished capacity to earn future income.”

The lawsuit names Neoshred, and its owner Guido Dilorio as defendants, along with the manufacturer of the shredder, Compac Specialties; switch maker General Electric; and two companies that allegedly repaired or rebuilt the machine: Amos Mfg., and Dies Electric.

Gary Holcomb seeks damages in excess of $25,000 from each of the six defendants in addition to attorney fees and costs.

The Investigation

The Occupational Safety and Health Administration cited Neoshred for not having procedures in place to secure machinery during maintenance. Neoshred is appealing the fine.

OSHA rules mandate that before maintenance, equipment must be unplugged from its power source, the equipment must be labeled to warn others of maintenance work, and that contractors must be trained to follow these procedures. The OSHA said that Neoshred did not comply with any of those standards.

The brothers’ lawsuits can continue, but until the appeal process is finished, details of the OSHA’s investigation will not be available to the brothers’ attorneys.

Injured in an industrial accident? You may be eligible to recover compensation for your pain, suffering, lost wages, medical expenses, and more. Please contact us today for a free consultation with an experienced personal injury attorney.

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