Marquez v. Heim Corp.

While operating a press brake machine at Warren Manufacturing, Pedro Marquez severed his index finger.1 The press brake involved lacked point-of-operation guards. Marquez filed an action against Winfield Kelly, the president of the company, alleging willful or wanton conduct or gross negligence. Marquez presented evidence that Kelly was responsible for the safety of the work area but failed to install safety devices despite his knowledge of prior press brake injuries to other employees. He presented expert testimony that the regular use of a brake press without a guard created a clear *86and…