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Lawsuit filed over 2013 road milling machine accident

Martin Moreno | Rapoport Law Offices, P.C.

A lawsuit filed Friday claims a man was wrongfully killed by a road milling machine two years ago.

On Sept. 12, 2013, Martin Moreno, 48, was working with a Wirtgen Model W-50-DC Road Milling Machine in the 6200 block of South May Street when his leg became entrapped in the machine’s rotating grinder, according to the lawsuit.

He was pulled into the machine up to his chest, and he died as a result of his injuries, according to the lawsuit.

Julia Moreno, the special administrator of Martin Moreno, sued Wirtgen America, Inc., Wirtgen Group, Wirtgen GmbH, Roland Machinery Co., Hayben-Murphy Equipment Company and GA Paving, LLC for wrongful death and negligence.

The lawsuit claims the machine had manufacturing defects and was unreasonably dangerous because it lacked adequate safety devices to prevent it from operating while an operator was in close proximity.

“The additional tragedy to Mr. Moreno’s untimely death at such a young age was the conscious pain and suffering he endured as he was dragged into the rotating grinder of the machine before he died,” said Matthew S. Sims, one of the lawyers representing Julia Moreno, in a statement.

The companies involved could not be immediately reached for comment.

The 11-count lawsuit is seeking over $50,000 in damages.