Hector Guzman v. Rosacometta U.S.A, In. et. al.
In June 2003, plaintiff Hector Guzman, age not given, was working at Gem Pavers Systems, Inc. when he was crushed between a conveyor belt and a lift used to move pallets of stone. The machine missed a pallet of stones and instead seized Guzman. Guzman sued manufacturer Rosacometta U.S.A., Inc. and Rosacometta S.R.L., on a products liability theory, claiming design defect. Guzman claimed the defect was that it was so loud when in operation that it violated OSHA safety standards regarding noise. It also violated OSHA rules regarding operator visibility. As the operator of the machine could not see or hear Guzman, he was unable to prevent him from being crushed.
The defense denied liability, maintaining that the machine was up to code and safe to operate. Guzman was immediately taken to Jacksonville Memorial Hospital. As a result of the accident, Guzman had his abdomen from his sternum to his pelvis torn open, and he suffered from internal and external scarring. He was hospitalized for 22 days and required wound care for a year. Guzman was unable to return to work for three years after the accident. Also, he remained unable to play with his two small children, ages 1 and six months at the time of the accident, for a significant period of time. A jury found in favor of Guzman and awarded him $2,404,000.
Plaintiff Attorney:
Ronald D. Rodman, Esq.
Friedman, Rodman & Frank, P.A.
Miami Accident Law Firm
3636 W. Flagler Street
Miami, Florida 33135 Florida
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