Boater files lawsuit after running into power line

Michelle Massey Aug. 5, 2010, 10:56am

A boater and his passengers are suing Entergy after their pleasure boat collided with a low-lying electrified power line, allegedly causing personal injuries as well as property damage.

Benoit Rome III, Rebecca Rome, Louis Parks and Melissa Parks filed suit against Entergy Louisiana and Entergy Gulf States Louisiana July 23 in federal court in New Orleans.

In August 2009, the boaters were traveling in a pleasure boat, operated by plaintiff Benoit Rome, near the Intracoastal Waterway to Lake Salvador when they collided with a low-lying electrified power line. According to the lawsuit, the line was hanging near the surface of the water and created an obstacle to navigation.

The defendants are accused of negligence for failing to maintain their power line in a reasonable and safe manner, failing to adequately mark or designate the line as being electrified, failing to adequately warn individuals where the line was located and that it was a live line, and for creating an obstruction to a navigable waterway.

The boaters and passengers are seeking damages for medical expenses, loss of revenue and earning capacity, pain, suffering and mental anguish, loss of enjoyment of life, loss of household services, constructive loss of the pleasure boat and its appurtenances, constructive loss to personal property, court costs, interest and attorney fees.

The plaintiffs are represented by New Orleans attorneys Blake Lawrence Jones, David C. Whitmore and Kristi A. Post of Scheuermann & Jones.

U.S. District Judge Martin L.C. Feldman is assigned to the case.

Case No. 2:10cv02068

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