12/15/2023 – Roberto Giron v. CR Super Star Laundry Corp, et. al.
In this lawsuit, plaintiff was operating a commercial washer-extractor for his employer CR Super Star Laundry Corp. While performing his job duties, plaintiff opened the door to the washer-extractor to add starch and his arm got pulled into the moving machine. As a result, his arm was amputated below his elbow. Plaintiff alleged products liability claims against all defendants, including the insured Fowler Equipment Co., and a negligence and reckless disregard count. In support of our motion for summary judgment, Chris Mauro and Reena Shah argued that Fowler Equipment Co. as a product supplier, should be relieved of all strict liability claims pursuant to N.J.S.A. 2A:58C-9(d) since the manufacturer, Alliance Laundry, is named in this lawsuit as a direct defendant. Additionally, there is no evidence to suggest that Fowler Equipment Co. retained any control over the manufacture/design/labeling of the subject washer-extractor. Fowler Equipment Co. was unaware of any defects and did not create the defect that plaintiff alleges caused his injury. We also argued that plaintiff’s negligence claims and reckless disregard claims against Fowler Equipment Co. fail as a matter of law since the New Jersey Products Liability Act provides the sole basis for relief in products liability cases. The Court agreed with our arguments and Judge Richard Sules entered an order granting summary judgment and dismissing all claims and cross-claims against Fowler Equipment Co. with prejudice.