Truck driver sues after metal bar rolls off of forklift and crushes leg

Michelle Keahey Jun. 23, 2011, 12:22pm

A Mississippi truck driver has filed a lawsuit against a Louisiana company after a forklift operator allegedly allowed a metal bar to roll off of the forklift and crush the man's leg.

Daniel Istre filed suit against Main Iron Works on June 16 in federal court in New Orleans.

The incident occurred on Nov. 19, 2010 as Istre was assigned to deliver 6,000 pound steel round bars to the yard at Main Iron Works in Houma. He states a forklift operator employed by the defendant was attempting to use his forklift to lift one of the bars off of the trailer, when it rolled off of the forklift and crushed Istre's right leg.

The defendant is accused of negligence for the improper and unsafe moving and usage of heavy objects, for the improper and unsafe usage of the forklift, for failing to provide proper equipment in connection with the moving of heavy objects, failing to properly investigate and conduct an adequate job risk analysis, failing to properly train and instruct personnel, failing to adequately supervise and monitor, failing to employ sufficient personnel to accomplish the task and failing to have a safe method of performing the job.

The plaintiff is seeking damages for lost or impaired wages, income, earning capacity, employment related benefits, physical pain and suffering, disability and disfigurement, mental and emotional pain and suffering, loss of enjoyment of life, medical expenses, interest and court costs.

Istre is represented by Stanley J. Jacobs and Jodi Jacobs Aamodt of Jacobs, Manuel, Kain & Aamodt in New Orleans and Philip F. Cossich, Jr. and Darren D. Sumich of Cossich, Sumich, Parsiola & Taylor in Belle Chasse.

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

Case No. 2:11-cv-01418

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