Seaman claims injury caused brain damage

Michelle Massey Nov. 4, 2010, 3:17am

An Iberia Parish resident has filed a lawsuit against his former employer after a high pressure hose separated from a valve and struck him in the head, allegedly causing brain damage.

Burleigh J. Hebert II filed suit against Estis Well Service on Oct. 28 in federal court in New Orleans.

The incident occurred on Oct. 28, 2009 as Hebert was working aboard the EWS Rig. No. 69 in Mosquito Bay in Terrebonne Parish. Hebert states he was severely injured when a high pressure hose suddenly and without warning separated from a valve and struck his head causing serious personal injuries including a fractured skull and brain damage.

The defendant is accused of negligence for failing to properly secure the high pressure hose to the choke valve by means of a hobble device or some other means that would prevent the hose from separating from the valve and causing injury. Estis Well Service is also accused of failing to properly equip the vessel with appropriate devices, failing to provide petitioner with a safe place to work, failing to properly inspect, repair and maintain the vessel and remedy unreasonably dangerous conditions and warn of the dangerous conditions, failing to supply Hebert with a sufficient number of competent and trained personnel, failing to properly train the crewman for the job being performed, failing to comply with customary industry regulations and failing to provide a seaworthy vessel.

The plaintiff is seeking damages for physical pain and suffering, mental pain, suffering and anguish, disfigurement, medical expenses, lost wages, lost future earning capacity, loss of fringe benefits, loss of enjoyment of life, maintenance, cure, interest and court costs.

Hebert is represented by Jeffrey A. Rhoades of Swift & Rhoades in Lafayette. A jury trial is requested.

U.S. District Judge Sarah S. Vance is assigned to the case.

Case No. 2:10-cv-04140

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