David Yates Sep. 12, 2012, 10:34am

While operating a track hoe at Scraps and Metals, Gabriel Tobias fell off and had his finger severed.

On Sept. 6, Tobias filed suit against Scraps and Metals and Derrick Bradley in Jefferson County District Court, alleging the defendants failed to provide him with a safe workplace.

According to the lawsuit, on Feb. 20 Tobias was operating a track hoe at Scraps and Metals when he fell, causing his finger to get caught and ripped off.

“Defendants required (plaintiff) to fill the track hoe by himself with small cans of diesel, instead of using proper fueling equipment … and providing assistance for a dangerous piece of machinery that size,” the suit states.

Tobias maintains that no negligence on his part contributed to the incident.

The plaintiff is suing for his alleged past and future medical expenses, mental anguish, pain, impairment, disfigurement and lost wages, plus all court costs.

Beaumont attorney Cade Bernsen represents him.

Judge Gary Sanderson, 6oth District Court, is assigned to the case.

Case No. B193-036

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