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Mass Tort Update
Edison Astudillo v. Star Futon Inc., et al.
Date: Jan. 9, 2007
Verdict/Settlement (breakdown): $1,326,000 settlement ($825,000 from Hayes Industries Inc., $475,000 from Star Futon's insurance, $8,500 from Sealy Corp. and $17,500 from Wolverine, Proctor & Schwartz)
State: New Jersey
Background: Sources told Mealey Publications that on Feb. 20, 2002, Edison Astudillo of Ridgefield Park, N.J., was using an air hose to clean a machine that removes debris from mattress stuffing at Star Futon Inc. in Paterson, N.J., when the hose became caught in the machinery, which was on, and sucked Astudillo's left arm in between two cylinders studded with blades.Astudillo's arm was caught in the machine for 30 minutes and had to be amputated below the elbow by paramedics in order to extricate him from the device, sources said.
The plaintiff alleged that Star Futon had removed a safety guard and thus sued Star Futon under the case Laidlow v. Hariton Machinery Co., which allowed suit if removal of a safety guard made injury likely. Also, sources said Star Futon violated Occupational Health and Safety Administration standards, which don't permit the cleaning of a machine while it's on.
Astudillo sued Star Futon, Hayes Industries Inc., Sealy Corp. and Wolverine, Proctor & Schwartz on July 15, 2003, in the Hudson County, N.J., Superior CourtSources said Hayes Industries refurbished and sold the machine to Star Futon, Sealy was a former owner of the machine and Wolverine, Proctor & Schwartz was the alleged manufacturer.
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