Re the Enforcement of a U.S. Judgment

A machine supplier (defendant) sold an American company a machine used to stamp information on electrical parts. The machine’s motor was manufactured in the United States. An operator (plaintiff) worked for the company that purchased the machine. While at work, the operator’s wrist became trapped by the stamping arm after she turned off the machine, put her hand inside to search for a broken-off piece, and accidentally turned the motor on again. The operator was treated for minor wrist injuries and was not hospitalized. Later, the operator was diagnosed with carpal tunnel syndrome and received surgery. The operator filed a warranty-based claim against the supplier in Massachusetts state court and received a judgment against the supplier, which included an award of $275,000 and compounded interest. The supplier appealed to the Massachusetts Supreme Judicial Court, which upheld the state court’s award. The operator filed an action in German district court in Berlin seeking a court order for enforcement of the Massachusetts award and additional interest. The operator based her request on the diminished functional ability of her hand and arm, the fact the Massachusetts court found that she held only 5 percent responsibility for the injury, and the surgery she required following the incident. The American judgments were submitted to the German court. However, the judgment of the state court included no written reasoning, and the decision of the Massachusetts Supreme Judicial Court discussed only the objections raised by the supplier. The supplier opposed the operator’s request for compelled enforcement of the Massachusetts judgment in Germany, arguing that the judgment was contrary to German public order.