Hamilton Beach Proctor Silex food processor, Model No. 70595
SHERMAN - After losing part of her finger in a food processor, a Dallas resident has filed suit against the appliance's manufacturer for not warning of the risk of harm.
Jennifer Murphy filed suit against Hamilton Beach Brands Inc. on Aug. 16 in Collin County District Court. The defendant removed the case on Oct. 6 to the Eastern District of Texas, Sherman Division.
The incident occurred on Aug. 28, 2009, as Murphy was using a Hamilton Beach Proctor Silex food processor to prepare vegetables. According to the lawsuit, when she finished, she turned off the power of the food processor and removed the lid and reached in to take out the vegetables and the blade. She states she heard the slight whir from the food processor and it severely cut her right middle finger.
The defendant is accused of negligence for failing to construct the food processor and its parts in a reasonably non-defective, safe fashion and failing to warn Murphy of any potential defects of the food processor and/or its parts.
The plaintiff is seeking damages for medical expenses, disfigurement, pain, suffering, mental anguish, physical impairment, out of pocket expenses, exemplary damages, interest and court costs.
Murphy is represented by Garnett E. Hendrix Jr., Ben James and Majed Nachawati of Pears Nachawati Law Firm in Dallas.
A jury trial is requested.
Case No. 4:11-cv-00640