Catering employee sues for $2 million after fall

Michelle Massey Jul. 12, 2010, 4:12am


A catering company employee is asking for more than $2 million after allegedly falling down a flight of stairs.

David Truxillo filed suit against Baker Energy Resources Corp., Palm Energy Group, Palm Energy Offshore and Palm Energy Partners July 2 in federal court in New Orleans.

Truxillo says the alleged incident happend in December 2008 while he was working as a catering hand on a fixed offshore platform. He says he was carrying a water container upstairs to the galley when the platform shifted. Truxillo says he lost his balance and grabbed a handrail to try to stop his fall, but he claims the handrail was not securely fastened and gave way. Truxillo says he fell backwards down the stairs, suffering severe injuries.

The defendants are accused of negligence for knowing the handrail was not securely fastened, failing to take steps to eliminate or mitigate the danger posed by the loose handrail, for not exercising reasonable care to ensure that the platform would not shift or warn of this potentially-hazardous condition.

The plaintiff is seeking more than $2 million in damages for medical care and rehabilitation, emotional distress, loss of enjoyment of life, loss of wages, permanent impairment to wage earning capacity, court costs and interest.

Truxillo is represented by Patrick Schepens and David Abramson of Lewis, Kullman, Sterbcow & Abramson in New Orleans and Troy R. Keller in Metairie. A jury trial is requested

U.S. District Judge Ivan L.R. Lemelle is assigned to the case.

Case No. 2:10cv01887

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