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
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.
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.