Judge Paulette Irons will hear a motion for summary judgment to dismiss the Housing Authority of New Orleans (HANO) as a defendant in a liability suit involving a construction worker who was electrocuted by power lines, on July 22 in Orleans Parish Civil District Court.
New Orleans residents Benjamin and Amanda Michiels, and their underage son Jackson Michiels are suing Entergy New Orleans Inc., HANO and Dunn Construction LLC after Benjamin Michiels was electrocuted by overhead power lines while working on the roof of a HANO-owned building.
New Orleans attorneys Peter Tompkins and Ronald White are representing the Michiels family. The original petition for damages was filed in August 2007 and claims that Benjamin Michiels was "in the process of discarding a piece of metal roof flashing" when he "was struck with great force by electricity which arched off of a nearby overhead high voltage power line."
The suit claims that HANO, Dunn Construction, which hired Michiels for the roofing work, and Entergy are all liable on different levels for allowing workers to operate so close to overhead high-voltage power lines.
In April 2009, HANO submitted a cross-claim against Dunn, stating that the contract the two entities had come into agreement on had limited liability provisions for HANO which precludes it from being sued in the event of a worker accident.
On Feb. 24, HANO was granted its motion for summary judgment for immediate dismissal with prejudice.
Orleans Parish Case 2007-07649