Diver sues Epic Diving and Marine after injuring elbow and knee

Michelle Massey Nov. 24, 2010, 2:24am


A diver has filed a Jones Act lawsuit against his employer after he suffered injuries in two separate incidents aboard the vessel M/V Explorer.

Danilo Peralta filed suit against Epic Diving and Marine Services on Nov. 15 in federal court in New Orleans.

The first accident occurred on June 13 resulted in a serious and painful injury to his elbow, and the second incident occurred on Sept. 2, when Peralta sustained an injury to his knee.

The defendant is accused of breaching its legal duty of reasonable care owed to Peralta, for failing to provide a reasonably safe place to work, failing to properly train and supervise Peralta, failing to take any means or precautions for the safety of its employees, creating and maintain an unseaworthy vessel, failing to provide minimum safety requirements and failing to provide adequate equipment and personnel for the job.

The seaman is seeking an award of damages for physical, mental and emotional pain and suffering, loss of wages, fringe benefits and wage earning capacity, medical expenses, physical disability, maintenance and cure, punitive damages, interest and attorney's fees.

Peralta is represented by Timothy J. Young and Jason MacFetters of The Young Firm in New Orleans. A jury trial is requested.

U.S. District Judge Lance M. Africk is assigned to the case.
Case No. 2:10-cv-04322

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