Seaman sues employer for not allowing him to seek medical treatment

Michelle Massey Mar. 14, 2011, 3:52am

A seaman has filed a lawsuit against his employer for not allowing him to seek medical treatment after he was injured in a slip an fall incident.

Bernice Frierson filed suit against Comar Marine on Feb. 24 in federal court in New Orleans.

The accident occurred on Oct. 28, 2010 as Frierson was working out of Port Fourchon as an unlicensed engineer for the defendant. While he was removing and replacing deck plates in an engine room, he slipped on an unsecured plate and fell. Frierson states the defendant did not provide the proper hardware to secure the plates into the floor.

According to the lawsuit, Frierson fell into an aluminum wall hitting his forehead and the right side of his body. He claims he was not allowed to leave the boat for medical treatment for six days despite being in obvious severe pain.

The defendant is accused of negligence for failing to warn of dangerous conditions, failing to provide a seaworthy vessel, for allowing grossly negligent and unsafe conditions aboard the vessel, failing to properly train and supervise the plaintiff, failing to allow Frierson medical treatment and for failing to provide an adequate crew and equipment.

The plaintiff is seeking damages for physical pain and suffering, mental and emotional pain and suffering, partial physical disability, economic loss, loss of earning capacity, medical cure and expenses, loss of enjoyment of life, interest, attorney's fees and punitive damages.

Frierson is represented by Ronnie G. Penton and Mary Anna Penton of The Penton Law Firm in Bogalusa.

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

Case No. 2:11-cv-00461

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