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The plaintiff was injured at a Burger King Restaurant in West Seneca, NY. The accident occurred when the plaintiff was working on the hamburger line and another employee was using a portable machine to filter grease from the restaurant’s three fryers. An aerosol can apparently fell into the uncovered portable filter unit during storage and, approximately 15 minutes into the filtering procedure, exploded suddenly, spraying Ms. Krollman with oil that had been heated to 350 degrees.
The Beltz firm argued that the portable filter, manufactured by defendant Food Automation Service-Techniques, Inc., lacked an in-line system, an interlocking lid, and warning labels, and that Burger King and Resser Management Services, Inc. were negligent in the selection, storage, and placement of equipment, and in the operation of the restaurant, including failure to properly train and instruct employees.
The settlement was reached shortly before jury selection was set to begin. The global settlement was brought about after extensive negotiations spearheaded by Martin J. Violante, chief attorney for the Eighth Judicial District’s Alternative Dispute Resolution program.
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