Deckhand falls down stairs, sues employer for lack of supervision

Michelle Massey Jan. 31, 2011, 6:57am


A deckhand is accusing his employer of failing to provide appropriate supervision after he fell down 12 stairs.

Damien Exkano filed suit against Florida Marine Transporters on Jan. 24 in federal court in New Orleans.

The accident occurred on April 25, 2010 as Exkano was working as a deck hand on the Howard Blank HBI. Exkano states that he was walking down a flight of stairs and fell because of a lack of lighting in the stairwell.

The defendant is accused of failing to maintain the tugboat in a reasonably safe condition and to safeguard the tugboat to protect Exkano from falling, failing to properly light the wheelhouse stairway ladder, failing to discover and correct the dangerous condition, failing to implement adequate procedures and warn of the dangerous conditions, violation for safety standards and lack of safety devices. Florida Marine Transporters also is accused of failing to implement on-the-job plans, necessary equipment and appropriate supervision, for maritime tort and for vessel negligence.

The plaintiff is seeking damages for physical pain, suffering and discomfort, mental anguish, aggravation and annoyance, disability, medical expenses, lost wages and benefits, lost earning capacity, loss of enjoyment of life, punitive damages, interest and court costs.

Exkano is represented by Bryan Pfleeger and Colby F. Wenck of Michael Hingle & Associates in Slidell.

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

Case No. 2:11-cv-00155

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