United States District Court, D. New Jersey
SWARTZ CULLETON P.C. Christopher J. Culleton, Esq., Newtown, PA. Counsel for Plaintiff
SHIMBERG AND FRIED, P.C. Barbara E. Fiefberg, Esq., Brian Patrick Faulk, Esq., Cherry Hill, NJ. Counsel Defendant
JOSEPH E. IRENAS, Senior District Judge.
This product liability matter comes before the Court on Defendant NuTec Manufacturing's motion for summary judgment. For the reasons outlined below, the motion will be granted in part and denied in part.
Plaintiff Charles Lewis is an inmate of South Woods State Prison ("South Woods"). In 2011, he was selected to work in the prison's meat processing plant, where he began working on a NuTec hamburger patty maker. Plaintiff would "dump the meat into the hopper, assist when it came down the line and then put it onto a rack and move it." (Def.'s Stmts ¶ 8)
The NuTec machine, a model 720 food forming machine, was approximately four years old when Plaintiff began working with it. It employed a Schmersal safety switch that prevented operation if the machine's "hood, " a "hinged barrier, " (Br., Ex. Q at 3) was in the upright position.
The switch consists of two parts: a main body, which is affixed to the base of the machine, and a switch key, which is affixed to the hood. When the hood is closed, the switch key inserts into the switch body, which closes an electrical circuit that enables the machine to operate. When the cover is open, the key is disengaged from the switch body, thereby "open[ning] a circuit" and preventing the machine from operating. (Opp'n Br. at 2)
On September 12, 2011, Plaintiff was working on the machine when wax paper used to separate the patties began "jamming up." (Def.'s Stmts ¶ 11) A fellow inmate working with Plaintiff, Israel Nunez, stopped the machine and lifted the hood to see what was causing the jam. Plaintiff put his hand into the machine to grab the jammed paper.
Nunez, thinking that plaintiff had finished clearing the paper jam, shouted "clear" and restarted the machine. Plaintiff, who did not hear Nunez, still had his hand inside. Plaintiff severely injured two fingers.
William F. Funaro, Jr., an employee of the New Jersey Department of Corrections and in charge of the meat processing plant at South Woods, inspected the machine the day after the incident and discovered a small piece of plastic wedged into the safety switch. What is unknown, contested by the parties, and dispositive of Plaintiff's case, is whether the plastic overrode a properly functioning product, or whether the switch was defectively manufactured.
Nunez testified that he regularly operated the machine with the hood open, despite knowing this was not the correct manner of operation. Plaintiff testified that he had never seen the hood or safety switch disabled while the machine was in use. Funaro testified that he was unaware that the inmates were operating the machine with the hood up.
Summary judgment is proper if "the movant shows that there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law." Fed.R.Civ.P. 56(a); see also Celotex Corp. v. Catrett , 477 U.S. 317, 322 (1986). In deciding a motion for summary judgment, the Court must construe the facts and inferences in a light most favorable to ...