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Toucet Complaint

Toucet Complaint

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Published by Terry McCoy
Complaint detailing how Edgardo Toucet's penis was cut off while working at temp job.
Complaint detailing how Edgardo Toucet's penis was cut off while working at temp job.

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Categories:Types, Research
Published by: Terry McCoy on Mar 12, 2013
Copyright:Attribution Non-commercial

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07/10/2013

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IN THE CIRCUIT COURT OF THE THIRTEENTH JUDICIAL CIRCUITOF THE STATE OF FLORIDA, IN AND FOR HILLSBOROUGH COUNTYCIVIL DIVISIONEDGARDO TOUCET,Plaintiff,Case No.:v.Division:SPARTAN STAFFING, LLC andBARBARA PRIDGEN,Defendants. ____________________________________________/
COMPLAINT
 Plaintiff, Edgardo Toucet
(“Toucet”)
, by and through his undersigned attorney,hereby sues the Defendants, Spartan Staffing, LLC
(“Spartan”)
and Barbara Pridgen,
(“Pridgen”)
and states:1. This is an action for damages that exceeds Fifteen Thousand dollars.2. At all times material to this action, Toucet was a resident of OrangeCounty, Florida.3. At all times material to this action, Spartan was a foreign corporationconducting business throughout the state of Florida, including Hillsborough County.4. At all times material to this action, Pridgen was a Florida resident andemployee of Spartan who conducted business throughout Florida, includingHillsborough County.5. Spartan is an employee leasing company required to be licensed pursuantto §468.526(1), Florida Statutes.
 
6. A leasing company such as Spartan is defined under §468.520(4), FloridaStatutes as a company that assigns its employees to a client company and allocates thedirection and control over the leased employees between the leasing company and theclient company.7. As a leasing company Spartan is required by §468.525(4)(e), FloridaStatutes to retain a right of control over safety and training at the jobsites where their employees temporarily work.8. As a leasing company Spartan is required by §468.525(4)(e), FloridaStatutes to perform safety inspections of client equipment and administer hazard control
and safety policy at its employee’s temporary worksites.
9. At all times material hereto Toucet was an employee of Spartan. A copy
of Spartan’s contract of employmen
t with Toucet is attached as Exhibit A.10. Spartan temporarily leased Toucet to Future Foam Carpet Cushion
Company (“Future Foam”) on or about November 4, 2009.
 11. Future Foam operates a plant that manufactures carpet cushion.12. Pridgen had authority to bind Spartan in legally enforceable contracts with
Spartan’s clients.
13. Pridgen was responsible for ensuring compliance with safety training of 
Spartan’s leased employees,
and ensuring that onsite inspections
of client company’s
 job sites and client company equipment were regularly conducted in accordance withleasing company regulations.
 
14. Pridgen, on behalf of Spartan, entered into a hold harmless agreementwith Future Foam whereby Spartan relinquished its responsibility to retain a right of control over job site safety at the Future Foam plant. (Attached as Exhibit B)15. Spartan
assigned Toucet to operate a “peeler machine” at
Future
Foam’s
manufacturing plant.16. The peeler machine is operated by two individuals
 –
a peeler helper and apeeler operator.17. The peeler machine utilizes a razor sharp double edged blade to cutcarpet foam.18. The peeler machine does not have a brake that stops it from moving.19.
The peeler machine’s blade is continuously sharpened as it spins.
 20.
The peeler machine’s blade
had a protective guard over it which had been
intentionally removed prior to Toucet’s use of the machine.
21. The peeler machine has a rundown cycle, and the inertia of the spinningblade takes 45
 –
60 seconds to come to a complete stop.22. The unguarded spinning blade is positioned at approximately waist level of the person operating the machine.23.
The peeler machine contained an emergency “power off” switch that only
functioned properly some of the time.24. Toucet was assigned to work as a peeler machine helper.25. Toucet attended high school in Puerto Rico and does not speak or read/write English.

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