Brandon Fizer, 23, accidentally stuck his hand in a mixing machine and lopped off his right index finger at the knuckle.

The fingertip ended up in a frozen pint of custard purchased by Clarence Stowers at Kohl's Frozen Custard in Wilmington. Stowers returned to the store to complain half an hour later and refused to return the digit, destroying all hopes for reattachment.

Stowers has been keeping the fingertip in his freezer citing a potential lawsuit. He refused to return the digit to the shop owner and doctors treating Fizer.

Medical experts indicate an attempt to reattach a severed finger can generally be made within six hours.

Dr. James Larson, director of emergency medicine for UNC hospitals, said once Stowers placed the finger in the freezer, it was too late for any attempt at reattachment.

''You can't freeze it, it kills the cells,'' Larson said.

Stowers' attorney, Lee Andrews of Greensboro, wouldn't say whether a lawsuit against Kohl's is planned.

But Andrews said his client is concerned about possible disease in the fingertip and kept it because he wants it tested for "all the diseases that are out here now.''

Even with the pending lawsuit, a medical lawyer states the finger could have easily been returned while preserving the evidence.

''The man who lost the finger has the superior claim,'' said Paul Lombardo, who teaches at the University of Virginia's law school. ``It's his finger and he might be able to use it.''

Lombardo said Stowers could have photographed the fingertip, taken a bit of flesh for DNA analysis or gotten an affidavit from the surgeon who would have reattached the digit.