According to The Madison Record, RCS Construction Inc., has agreed to settle a personal injury lawsuit brought on as a result of a conveyor belt injury. David Philips sued RCS Construction Inc over a conveyor belt made by PKM Machine, now known as Siem Ag-PKM GMBLL. The settlement comes after RCS lost a summary judgment when Madison County Circuit Judge William Mudge signed an order denying it. Th company moved for a finding of good faith for a settlement.
Philips sued RCS and other defendants over personal injuries he allegedly suffered in 2005 while working at an Olin facility. Phillips claims he injured himself when he slipped and fell into a roller conveyor belt made by PKM. The plaintiff allege the product had design flaws and there was no guards installed to protect workers and that the defendant created a trip hazard.
RCS has agreed to settle for $12,500. Cardinal and J.F. Electric settled with Phillips for undisclosed amounts earlier this year. Philips also named GRP Mechanical Company Inc as a defendant, saying all the companies noted had involvement in installing the machine and the area surrounding it. The defendants also filed counter claims against one another.
Phillips worked for Olin Corporation when an allegedly defective roller conveyor belt injured him on employer’s premises in 2005. In February, RCS objected to a proposed settlement between the plaintiff and co-defendants. RCS claims that it has been unable to determine what amount the three other defendants settled for and that inability to do so hinders it from acknowledging whether the settlement was made in good faith. RCS claimed confidentiality of previous settlements hinders its ability to receive set-off in the case of a judgment against it.
