Incident Overview: Electric Shock During Work Assignment
On August 2, 2017, the Plaintiff worked at a shipment disassembly site operated by Defendant HIMMEL. HIMMEL representatives instructed her to use a FURNO 300 Heat Gun to help reassemble cargo. She received no training or protective gear. While using the heat gun, she suffered an electric shock. The current knocked her backward and left her unconscious. Emergency responders transported her to the hospital, where she reported pain in her head, neck, shoulders, and back.
Allegations Against Manufacturer and Employer
The Plaintiff blamed the incident on product defects and unsafe working conditions. Defendant Wagner Spray Tech Corporation designed and sold the heat gun. The Plaintiff alleged that Wagner released a dangerously defective product into the market. She argued that the heat gun lacked insulation, warning labels, and design safeguards. The user manual also failed to instruct users on preventing electric shock.
She also claimed that Defendant HIMMEL acted negligently. Supervisors told her to use the heat gun but never explained the risks. They failed to provide safety gear or proper supervision. She asserted that both Defendants knew, or should have known, about the dangers.
Extent of Physical and Psychological Harm
The electric shock caused serious and permanent injuries. Doctors diagnosed spinal damage and neurological trauma. She underwent surgeries, including anterior cervical discectomy and fusion from C4 to C7. Recovery required extensive hospitalization, physical therapy, and pain management.
Beyond physical harm, the Plaintiff suffered mental anguish. She reported anxiety, flashbacks, and psychological distress. The electrocution disrupted her daily life and limited her mobility. She also lost her ability to work for extended periods.
Claims for Compensation and Workplace Harassment
The Plaintiff sought compensation for financial and emotional losses. She claimed medical expenses, lost wages, and reduced earning capacity. Her complaint emphasized the lasting effects of her injuries.
She also pursued damages for emotional suffering. She accused Defendant HIMMEL supervisor Jefferson Zambrano Angel of verbal intimidation and threats. She said he mocked her history of trauma and tried to silence her. These actions worsened her psychological condition and led to further treatment.
The lawsuit requested damages for physical injury, emotional distress, and loss of enjoyment of life.
Key Arguments and Proceedings
Legal Representation
Plaintiff: Martha P. Mahecha
Counsel for Plaintiff: Maria Lopez | Natalia Timmons | Elizabeth Oropesa | Michelle Urbistondo | Paul Agbeyegbe | David Thomas Valero
Defendants: Jefferson Zambrano Angel | Himmel Losungen Group H.L.G LLC | Wagner Spray Tech Inc | Wagner Spray Tech Corporatio
Counsel for Defendants: Giacomo Bossa | Michelle Urbistondo | Shawn Libman | Carolina Pinero
Legal Claims and Allegations
Count I – Strict Products Liability (Wagner Spray Tech Corporation)
The Plaintiff alleged that the FURNO 300 Heat Gun was defectively designed and unreasonably dangerous. It failed to perform safely, lacked adequate guarding, and came without proper warnings or instructions. She claimed Wagner ignored safer alternative designs and that these defects existed when the product entered the market. The defects directly caused her injuries.
Count II – Negligence (Wagner Spray Tech Corporation)
The Plaintiff asserted that Wagner breached its duty to design a safe product. She claimed the company negligently released a defective heat gun, failed to implement safer designs, and provided inadequate warnings. She used the device as intended, and the defects led to her electrocution and lasting injuries.
Count III – Negligence (Himmel Losungen Group H.L.G LLC)
The Plaintiff alleged that Himmel failed to provide safety gear or training during cargo disassembly. She followed company instructions and suffered an electric shock while using the heat gun. She claimed this negligence caused her hospitalization and long-term medical treatment.
Count IV – Intentional Infliction of Emotional Distress (Jefferson Zambrano Angel)
The Plaintiff accused Angel of using his authority to intimidate her, referencing her trauma history to threaten her job and credibility. She alleged that his actions caused severe emotional distress, requiring psychological care.
Count V – Battery (Jefferson Zambrano Angel)
The Plaintiff alleged that Angel crossed personal and professional boundaries and engaged in unwanted physical contact. She claimed his conduct caused emotional and physical harm.
Defense
Wagner Spray Tech Corporation and Himmel Losungen Group H.L.G. LLC denied the allegations in the complaint, stating they lacked sufficient knowledge to admit or deny many claims and demanded strict proof at trial. They acknowledged the Court’s jurisdiction for legal purposes but denied that the Plaintiff was entitled to any relief.
Wagner admitted it manufactured the FURNO 300 Heat Gun but denied the product was defective or unsafe. It asserted compliance with all applicable laws and invoked the “state-of-the-art” defense, arguing the design reflected the best scientific knowledge at the time. Wagner denied any negligence or failure to warn and claimed any injury resulted from product misuse or third-party actions. It also invoked Florida’s statutory presumptions and sought to exclude damages covered by collateral sources. Additionally, Wagner moved to sever the emotional distress and battery claims, arguing they were unrelated and would prejudice the jury.
Himmel Losungen admitted the Plaintiff was its employee and disassembled a shipment but denied liability for her injuries. It claimed she was trained in equipment use and argued her injuries were caused by her own conduct or other intervening factors. HLG raised affirmative defenses including assumption of risk, comparative fault, and failure to state a claim, and sought dismissal with costs and any further relief deemed appropriate.
Jury Verdict
On 19 February 2025, the Court entered a final judgment awarding Martha Mahecha a total of $3,556,572.74 in damages. The damages include amounts for lost earnings, pain and suffering, disability, physical impairment, and loss of enjoyment of life, incurred in the past and to be incurred in the future.
