Railroad worker files lawsuit after suffering staph infection

Michelle Keahey May 27, 2011, 2:14am

A railroad worker has filed a personal injury lawsuit after a piece of steel allegedly became embedded in his leg and remained undetected for two weeks causing an infection.

Dean C. Giroir filed suit against the New Orleans Public Belt Railroad Commission, d/b/a New Orleans Public Belt Railroad Co. on May 25 in federal court in New Orleans.

The accident occurred on Sept. 23, 2010 as Giroir was in the process of removing and replacing wooden railroad crossties to the railroad tracks on the Huey P. Long Bridge.

Giroir states he was using a maul/sledgehammer to secure the "E" clips, when a piece of steel broke off and sliced into his left calf. The injury prevented Giroir from walking for three weeks and required surgery because the steel remained undetected for two weeks causing a staph infection.

The defendant is accused of negligence for failing to provide a safe place to work, violating the Federal Employer's Liability Act, failing to provide proper tools and equipment, failing to warn of the unsafe work conditions and failing to provide proper assistance.

The plaintiff is seeking damages for physical pain and suffering, loss of enjoyment of life, lost wages, medical expenses, interest and court costs.

Giroir is represented by Joseph P. Miller, Benjamin Saunders and Carisa German-Oden of Davis Saunders in Mandeville. A jury trial is requested.

U.S. District Judge Kurt D. Engelhardt is assigned to the case.

Case No. 2:11-cv-01233

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