William Paul claims CMC Recycling "failed to maintain the situation" by "permitting" its forklift driver to strike him and slice off two of his fingers.Defendant failed to detect an unreasonably dangerous condition and failed to maintain control or contain the situation;
Paul filed suit against Commercial Metals Co. (CMC Recycling) in the Jefferson County District Court on Dec. 21.
According to the plaintiff's petition, on Dec. 13,2007, Paul was working at CMC Recycling's premises, located at 5250 college Street', "when an employee of CMC,operating a forklift, amputated two of (his) fingers."
The suit does not give any more information on the incident, but does, however, list the following acts of alleged CMC negligence:
Defendant had insufficient procedures and safeguards to protect the parties at issue;
And Defendant was reasonably aware of the potential threat, but Defendant did not remediate in order to prevent an accident.
"The negligence and strict liability of Defendants has proximately caused plaintiff to sustain severe physical pain and suffering in the past, present and in all reasonable probability into the future and throughout the remainder of life," the suit said.
Paul is suing for past and future mental anguish, pain, impairment and medical expenses, plus all court costs.
He is demanding a trial by jury and is represented by attorney John Morgan.
Judge Bob Wortham, 58th Judicial District, has been assigned to the case.
Case No. A180-928