A tragic incident in New Jersey has led to a lawsuit after a young landscaper, Eonias Mateo-Perez, was fatally drawn into a woodchipper known as the “Intimidator” while working at a cemetery. His family claims the machine malfunctioned, resulting in his death.

The lawsuit, filed by Mateo-Perez’s estate, targets Bandit Industries, a Michigan-based equipment manufacturer. They argue that the woodchipper lacked necessary safety warnings and features, had design flaws, and did not shut off properly, thus failing to prevent the user from being pulled into it. The legal action was initiated in Hunterdon County Superior Court, as per the complaint.

At the time of the accident, Mateo-Perez was employed by William LaRue Services to perform landscaping tasks at Saint Magdalen Cemetery in Flemington. His estate alleges that the company’s equipment failed him fatally.

The complaint details that Mateo-Perez was feeding trees into the woodchipper when it unexpectedly malfunctioned. The absence of necessary safety mechanisms led to him being pulled into the machine at a high speed, resulting in his death.

The woodchipper in question, the “Intimidator 19XPC,” is described by Bandit Industries as having their “most powerful feed system” available for hand-fed chippers, according to their website.

The machine’s “Slide Box Feed System” includes a substantial top feed wheel and bottom feed wheel roller, powered by a chain drive system. The website notes these components generate an impressive 10,824 pounds of pulling power, illustrating the force involved in the tragic event.

According to Bandit, “This means larger material is pulled in easier, reducing the time and labor costs for trimming while increasing production.”

Mateo-Perez’s estate claims the allegedly defective “chipper” and Bandit itself violated the New Jersey Product Liability Act, which allows any claim or action to be brought by a claimant for harm caused by a product, irrespective of the theory underlying the claim.

“Parents, Lucindo Mateo Hernandez and Adelia Perez Lopez … have sustained pecuniary injuries … including, but not limited to, the value of his companionship and the loss of his prospective services in the future together with any hospital, medical and funeral expenses incurred,” the family’s complaint alleges.