New Jersey Verdicts

Plaintiff(s):

Darryl Brown (Male, 39 Years)

Plaintiff Attorney(s):

Dennis S. Brotman;
Fox Rothschild, LLP;
Philadelphia,
PA,
for
Darryl Brown

Defendant(s):

Kevin Haynes, 

Steven Harrop, 

Anilox Systems, 

Steven Jacombs, 

Peter Gallagher, 

Anilox Worldwide, 

Wagner Engineering, 

Anilox Supplies Ltd, 

Hayneswood U.K. Ltd, 

Hayneswood Krauter Anilox, 

Anilox Metering Technology, 

Hayneswood Engineering U.K. Ltd

Defense Attorney(s):

Joseph J. McHale;
Stradley Ronon Stevens & Young;
Malvern,
PA,
for
Kevin Haynes ■ None reported;

for
Kevin Haynes, Steven Harrop, Anilox Systems, Steven Jacombs, Peter Gallagher, Anilox Worldwide, Wagner Engineering, Anilox Supplies Ltd, Hayneswood U.K. Ltd, Hayneswood Krauter Anilox, Anilox Metering Technology ■ Francis J. Grey Jr.;
Ricci Tyrrell Johnson & Grey;
Marlton,
NJ,
for
Hayneswood Engineering U.K. Ltd

On Feb. 21, 2008, plaintiff Darryl Brown, 39, a laborer, caught his right hand in the feeder of a metal lithography machine he was cleaning at work, at Bway Corp., a maker of packaging containers, in Lawrenceville. He suffered several severed fingers on his right hand. Brown sued the machine’s manufacturer, Hayneswood Engineering U.K. Ltd., its managing director, Kevin Haynes, and various affiliated entities, including Hayneswood USA LLC (its American affiliate), under theories of products liability, breach of implied warranty and negligence. He also sued the manufacturers and sellers of various parts of the machine: Wagner Engineering, Anilox Metering Technology, Anilox Systems, Anilox Worldwide, Anilox Supplies Ltd., Hayneswood Krauter Anilox, and several corporate officers. Brown’s job entailed feeding sheets of metal through a coater, to be coated with lacquer, so they could be formed into cans for aerosol, steel, paint and oil. He maintained that the machine had been modified by adding a Hayneswood-made Anilox conversion unit, a piece that attached to the feeder but, unlike the original machine, lacked a guard to keep hands from getting caught in the rollers. As a result, Brown’s hand was caught in the rollers, and he pulled the emergency-stop lever. Brown alleged the defendants knew the machine had a hazardous defect but kept it in service for years by selling parts and supplies to Bway. All of the defendants, except Hayneswood Engineering U.K. and managing director Kevin Haynes, were dismissed early in the litigation. The two defendants, based in Oldham, England, contested personal jurisdiction. In 2013, the court ruled against the defendants without prejudice on the jurisdictional issue. In 2014, the court granted Brown’s unopposed motion for summary judgment on liability on claims of negligence, breach of implied warranty, and New Jersey’s Product Liability Act.

Brown sustained a full degloving of his right (non-dominant) hand, a severed thumb, severed index finger, and severed third finger. The company foreman placed torn skin from Brown’s hand on ice until an ambulance transported Brown to Helene Fuld Medical Center. Brown had eight surgeries, including one to re-attach his thumb. He lost most of his index finger and part of his third finger. He regained partial function of his hand but has limited ability to grip, which interferes with many activities of daily living. He was unable to return to work. Brown claimed he has pain in his left shoulder due to his altered biomechanics, and post-traumatic stress disorder. He sought damages for past and future medical expenses, past and future lost earnings, and past and future pain and suffering.

The judge, in the non-jury bench trial, ordered $6 million in damages to be paid to Brown by Hayneswood U.K. and Kevin Haynes. The judge allocated 60 percent of the liability, or $3.6 million, to Hayneswood Engineering U.K. and 40 percent of the liability, or $2.4 million, to Haynes.

Judge:

Douglas Hurd

Trial Length:

1
 day

This report is based on information that was provided by plaintiff’s counsel. Defense counsel for Hayneswood Engineering U.K. LTD, and Kevin Haynes did not respond to the reporter’s phone calls.