At Basch Keegan & Spada, we hold manufacturers accountable when dangerous products cause devastating injuries. Recently, attorney Derek Spada secured a significant appellate victory in a product liability case involving a young child who suffered catastrophic injuries while interacting with a commercial fondant machine.

A Tragic Incident

Our clients own and operate a bakery. In this case, the bakery owners’ daughter, who was just shy of her second birthday, suffered devastating injuries to her hand because a fondant machine was manufactured with an inadequate finger guard on the opening, an on/off switch that did not indicate when the machine was on or off, and no warnings.
The injuries changed the course of this young child’s life and left her family facing unimaginable challenges.

The Product Liability Claim

Basch Keegan & Spada brought a lawsuit against the manufacturer of the fondant machine, alleging that the machine was defectively designed and unreasonably dangerous.

A key component of the case involved expert testimony regarding machine guarding. Our engineering expert concluded that the machine’s guarding system was inadequate and failed to prevent access to dangerous moving parts. The expert further opined that the machine did not meet applicable OSHA machine guarding requirements and that proper guarding could have prevented the incident.

A Major Setback in the Trial Court

Despite the seriousness of the injuries and the evidence presented, the trial court granted summary judgment in favor of the manufacturer.
A grant of summary judgment is significant because it dismisses a case before a jury ever has the opportunity to hear the evidence. Had that decision stood, our clients would have been denied their day in court.

Taking the Fight to the Appellate Division

Rather than accept the dismissal, Derek Spada and the BKS team pursued an appeal.

Appeals require extensive legal analysis, careful review of the trial court record, and persuasive advocacy before appellate judges. The question was whether the evidence presented – including expert testimony regarding the machine’s design and guarding – raised issues that should be decided by a jury. The Appellate Division agreed.

The appellate court reversed the lower court’s decision, allowing the case to move forward.

Another Major Setback in the Trial Court

The trial court then granted summary judgment again in favor of the manufacturer against the child’s mother, finding her to be 100% responsible for the incident despite the product defects in the fondant machine.

Taking the Fight to the Appellate Division Again

Derek Spada and the BKS team pursued another appeal. The Appellate Division agreed again.

The appellate court reversed the lower court’s decision, allowing the case to move forward against the manufacturer of the dangerous product.

What the Decision Means

The appellate victory does not end the case, but it is a critical step toward justice.
The decision restores our clients’ opportunity to present their evidence and arguments in court. It recognizes that serious questions remain regarding the safety of the machine and whether the manufacturer should be held responsible for the injuries suffered by this young child.
Most importantly, the ruling ensures that our clients’ claims will not be dismissed without a full examination of the facts by a jury.

Continuing the Fight for Justice

At Basch Keegan Spada, we are proud to stand beside families facing life-altering injuries caused by dangerous products.
Derek Spada’s successful appeals demonstrate our firm’s commitment to pursuing every available avenue when our clients’ rights are threatened. When a case is wrongfully dismissed, we do not simply walk away – we continue fighting.

This appellate victory allows our clients to continue seeking accountability and justice for the catastrophic injuries their daughter suffered. We look forward to advancing their claims and presenting their case as the litigation moves forward.

Because litigation remains ongoing, certain details of the case are limited. The allegations described in this article have not yet been finally determined by a court.