Cement mixer not to blame in worker's death.

A jury found the manufacturer of a cement mixer was not at fault in the death of a construction worker who was found with his head in a cement mixing bowl. The plaintiff's decedent was killed by the mixer's blades. His family claimed he was cleaning out the mixer when a hose got caught in the blades and pulled him in. The plaintiff claimed that McNeilus defectively designed the mixer by failing to have a full cover guard over the opening. McNeilus argued the revolutions of the machine would not have dragged the Plaintiff's decedent into the machine. Rather, the machine would have snapped the hose. McNeilus also claimed that it had a strong safety record and that there were proper warnings on the product.

Case Law Alert - 1st Qtr 2012