Morbark Sued for Chipper Fatality

Eric Frei · 19th June 2009, 09:37 AM

Family of tree trimmer killed by wood chipper sues manufacturer | L.A. Now | Los Angeles Times

Quote:

It was just another work day for Rafael Jimenez, a veteran tree trimmer in his 24th year on the job. But as he stuffed branches from the Chinese elm tree into a wood chipper in Inglewood that sunny day in April, Jimenez’s right hand became entangled in the branches and he found himself being jerked toward the steel knives.

The machine, which devours a 20-inch branch in a second, consumed Jimenez's hand, then his elbow, his shoulder, and soon his entire self. All that remained were his two feet from the ankle down and a part of his gloved left hand.

This week, his wife and four children sued the manufacturer of the machine, Michigan-based Morbark, alleging that the company knew for years that its safety features were insufficient and did nothing to prevent injuries and deaths such as Jimenez’s.

Their attorney, Edward Steinbrecher, alleges that even though it is one of the largest manufacturers of wood chippers, Morbark only had a lackluster safety measure that was stolen from another company and became a subject of a patent dispute.

In depositions in previous lawsuits, a representative of the company had testified that the company was aware of roughly 150 to 180 injuries caused by its machines in the last two decades.

A spokesman for the company declined to comment.

Grais · 5th July 2009, 06:29 AM

I hope the wife and kids do indeed win this lawsuit.
Man what a terrible end to what may have been a great career(?).
Regardless, I really feel for the family and wish them all the best in dealing with this terrible tragedy.
What a way to go though, bloody hell, terrible in every way.
Same thing happened not too long ago on Vancouver Island, there's a WCB video segment about it on You Tube, alas there it was just a rookie(IIRC), but it is basically the same accident, unsure as to the make of chipper though.

Thanks Eric, not nice relaying this info, but important all the same.

NEVER ever, get complacent around these chippers we use, they don't stop when they hit flesh or bone, they just keep chewing.

STAY SAFE,
-Grais.

Therrin · 5th July 2009, 12:52 PM

I actually don't hope that they win. It will set a bad precedent.

They're going on complaining about the lack of saftey etc etc on this machine, yet that's the machine he chose to use. If he's been doing it for 24 years up to this point without trouble, then he obviously did something wrong. Probably working it ALONE too, which is never smart.

One should ask why he chose to use a chipper that inherently lacked any decent safety features. Hmm?

I dont mean to be insensitive, but this topic cuts in both directions.

Apocalypsse · 5th July 2009, 02:51 PM

Cant really pick a side to support until seeing the actual machine. How old was it, the newer ones have a hell of a lot more safety features than the old ones. I could swear there was another thread for this story a while ago with pictures of the machine being taken apart by the police, it was one of Morbarks older colours not the current orange/red.

Morbark - RSA · 21st July 2009, 10:46 PM

Apocalypsse - have you seen a Morbark recently?

Apocalypsse · 23rd July 2009, 09:37 AM

Our depot was right next to Morbark until a few months ago. Seen a few, havent had the chance to work with them tho.

Morbark - RSA · 23rd July 2009, 10:21 AM

Ah I think that would probably be 'Morbark Australia'. They are the previous dealers. What is your company if you don't mind me asking?

Joe

Garry Brockley · 23rd July 2009, 08:35 PM

ive been useing a morbark today im very impressed on the whole they are over built making them tough and hardy, the rollers are excellent at grabbing the logs and brash, the only down side is that the bottom roller wraps leaves,twigs, and vines around it and all the chips fall under it pushing it back into the hopper, so when you chip dry, dead brash you have to wear a face mask because it is so dusty when you open the bottom pan in use you end up with a huge pile of chip on the road, but having said that i would take a morbark over a chipstar any day.
just my opinion

newguy18 · 24th July 2009, 03:43 PM

The only thing i'll give my ex boss credit for was that no matter what,there were always 2 guys on the chipper,one would feed branches and another would be and the roller bar,if the guy feeding would get caught,the other guy would reverse the feed rollers before anything would happen to the other guy.

5th July 2009, 06:29 AM	#2
Grais Sappling Join Date: Apr 2009 Location: B.C., Canada Posts: 46	Re: Morbark Sued for Chipper Fatality I hope the wife and kids do indeed win this lawsuit. Man what a terrible end to what may have been a great career(?). Regardless, I really feel for the family and wish them all the best in dealing with this terrible tragedy. What a way to go though, bloody hell, terrible in every way. Same thing happened not too long ago on Vancouver Island, there's a WCB video segment about it on You Tube, alas there it was just a rookie(IIRC), but it is basically the same accident, unsure as to the make of chipper though. Thanks Eric, not nice relaying this info, but important all the same. NEVER ever, get complacent around these chippers we use, they don't stop when they hit flesh or bone, they just keep chewing. STAY SAFE, -Grais.

5th July 2009, 12:52 PM	#3
Therrin Former Member Join Date: Oct 2007 Location: Bakersfield, Ca Posts: 2,512	Re: Morbark Sued for Chipper Fatality I actually don't hope that they win. It will set a bad precedent. They're going on complaining about the lack of saftey etc etc on this machine, yet that's the machine he chose to use. If he's been doing it for 24 years up to this point without trouble, then he obviously did something wrong. Probably working it ALONE too, which is never smart. One should ask why he chose to use a chipper that inherently lacked any decent safety features. Hmm? I dont mean to be insensitive, but this topic cuts in both directions.

5th July 2009, 02:51 PM	#4
Apocalypsse Veteran Heritage Status Join Date: Feb 2009 Location: Victoria, Australia Posts: 1,154	Re: Morbark Sued for Chipper Fatality Cant really pick a side to support until seeing the actual machine. How old was it, the newer ones have a hell of a lot more safety features than the old ones. I could swear there was another thread for this story a while ago with pictures of the machine being taken apart by the police, it was one of Morbarks older colours not the current orange/red.

21st July 2009, 10:46 PM	#5
Morbark - RSA Sponsor Join Date: Jul 2009 Location: Ballarat Posts: 51	Re: Morbark Sued for Chipper Fatality Apocalypsse - have you seen a Morbark recently?

23rd July 2009, 09:37 AM	#6
Apocalypsse Veteran Heritage Status Join Date: Feb 2009 Location: Victoria, Australia Posts: 1,154	Re: Morbark Sued for Chipper Fatality Our depot was right next to Morbark until a few months ago. Seen a few, havent had the chance to work with them tho.

23rd July 2009, 10:21 AM	#7
Morbark - RSA Sponsor Join Date: Jul 2009 Location: Ballarat Posts: 51	Re: Morbark Sued for Chipper Fatality Ah I think that would probably be 'Morbark Australia'. They are the previous dealers. What is your company if you don't mind me asking? Joe

23rd July 2009, 08:35 PM	#8
Garry Brockley Bayside Tree Care Brisbane Join Date: Jun 2008 Location: Brisbane Aus Posts: 1,649	Re: Morbark Sued for Chipper Fatality ive been useing a morbark today im very impressed on the whole they are over built making them tough and hardy, the rollers are excellent at grabbing the logs and brash, the only down side is that the bottom roller wraps leaves,twigs, and vines around it and all the chips fall under it pushing it back into the hopper, so when you chip dry, dead brash you have to wear a face mask because it is so dusty when you open the bottom pan in use you end up with a huge pile of chip on the road, but having said that i would take a morbark over a chipstar any day. just my opinion __________________ My business:- Brisbane Bayside Tree Care

24th July 2009, 03:43 PM	#9
newguy18 Part of the Furniture Join Date: Jun 2007 Location: orlando,fl Posts: 4,977	Re: Morbark Sued for Chipper Fatality The only thing i'll give my ex boss credit for was that no matter what,there were always 2 guys on the chipper,one would feed branches and another would be and the roller bar,if the guy feeding would get caught,the other guy would reverse the feed rollers before anything would happen to the other guy. __________________ Have your say join us today. old schooler

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