Seaman sues for lack for proper equipment after being injured by broken wire

Michelle Keahey Jun. 13, 2011, 3:39am


A seaman has filed a lawsuit against his employer for failing to provide adequate equipment and lifesaving treatment after he was severely injured when he hit his head.

Jonathan Cormier filed a Jones Act lawsuit against Delmar Systems Inc. on June 3 in federal court in New Orleans.

The alleged incident occurred on May 18, 2010 as Jonathan Cormier was transferring spooled wire onto the M/V Holiday Chouest. Cormier states that, without warning, a wire broke away from the spool and struck him, causing severe and permanent injuries.

The defendant is accused of negligence for failing to properly supervise its crew, failing to properly train its employees or provide an adequate crew, failing to provide adequate equipment, failing to provide adequate medical or lifesaving treatment, failing to prudently supervise the job, failing to maintain, inspect or repair the equipment and failing to account for weather conditions in the operation of the vessel.

"It was these failures, among others, that directly caused the spool on the turntable to turn at an uncontrolled rate of speed, which caused the wire to spin from the spool to break away from a rope that connected it to the turntable and strike Cormier in the leg, violently knocking him to the deck of the vessel, where he struck his head and other areas of his body," the lawsuit states.

The plaintiff is seeking an award of damages for physical pain and suffering, mental pain, suffering and anguish, medical expenses, lost wages, lost earning capacity, lost found, loss of fringe benefits, loss of consortium, society, support, disfigurement, disability, loss of enjoyment of life, attorney's fees, interest and court costs.

Cormer is represented by Keith W. Lapeze of The Lapeze Firm in Houston. A jury trial is requested.

U.S. District Judge Jay C. Zainey is assigned to the case.

Case No. 2:11-cv-01327

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