Michelle Keahey, East Texas Bureau Oct. 31, 2013, 11:59am

TYLER - A Michigan man has filed a lawsuit claiming that his crossbow was negligently designed and severed part of his thumb when he attempted to shoot it.

Dino Aquino filed suit against Barnett Outdoors on Oct. 28 in the Eastern District of Texas, Tyler Division.

Aquino states he was injured on Oct. 29, 2011, while using a Barnett Wildcat C5 Crossbow near his home in Michigan. When Aquino attempted to shoot the Crossbow, the string of the crossbow struck his left thumb and severed off over three-quarters of an inch of his left thumb and nail.

The defendant is accused of strict product liability, negligence, and breach of warranty for negligently designing and marketing the crossbow without a bar, benchmark, or fingerguard, failing to test the crossbow and failing to warn Aquino.

The plaintiff is seeking an award of damages for medical expenses, impairment, disfigurement, deformity, scarring, pain and suffering, mental anguish and interest.

Aquino is represented by D. Bradley Kizzia and Samantha R. Cooper of Brown Fox Kizzia & Johnson PLLC in Dallas.

U.S. District Judge Leonard E. Davis is assigned to the case.

Case No. 6:13-cv-00814

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