Laidlow v. Hariton Machinery Co., Inc

In Laidlow v. Hariton Machinery Co., Inc., 335 N.J. Super. 330, 338, 762 A.2d 311 (App.Div.2000) an employee suffered a severe and debilitating injury when his fingers and hand were caught in a rolling mill machine. Id. at 334, 762 A.2d 311. Although a safety guard had been installed on the machine, the device was "never" in its functioning position. Id. at 335, 762 A.2d 311. In fact, the device was "tied up" with wire so that it could not be readily engaged. Ibid. It was established that the device was not used because it hampered the operation of the mill. Id. at 336, 762 A.2d 311. The only time that the device was placed in the engaged position was when OSHA inspectors visited the plant, at which time supervisors ordered the device to be untied. Id. at 335-36, 762 A.2d 311. The plaintiff-employee had approached his supervisor several times regarding the use of the device. Id. at 336, 762 A.2d 311. One week prior to the injury, the plaintiff requested that the device be engaged because he believed it was dangerous to operate the machine without the device. Ibid. However, plaintiff continued to operate the machine without the device until he was injured. Ibid. This court upheld the grant of summary judgment, finding that a narrow reading of the "intentional wrong" exception excludes a prima facie showing of intent to harm, even where the employer intentionally removed a safety device. Id. at 340, 762 A.2d 311.