Garbage bags too heavy, employee sues for unsafe work conditions

Michelle Keahey Aug. 29, 2011, 3:40am

After injuring his back while attempting to throw heavy garbage bags, a deckhand has filed a lawsuit against his employer for allowing unsafe working conditions and for not warning that the garbage bags were heavy.

David Robling filed suit against Enterprise Marine Services on Aug. 18 in federal court in New Orleans.

Robling states he was assisting in unloading garbage from the M/V Diane Cenac in Mississippi, when he injured his back, neck and shoulder, while pitching the garbage bags from the bow of the vessel onto a dock.

The defendant is accused of not taking proper safety precautions in providing adequate equipment to allow the safe removal of garbage and for failing to warn the crewmen that the garbage was excessively heavy in weight or contained petroleum waste products.

Enterprise Marine is also accused of negligence for allegedly failing to provide adequate crew, failing to provide adequate equipment aboard the vessel and for ordering the crew to work using unsafe conditions.

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

Robling is represented by Gretna attorney Ronna M. Steele.

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

Case No. 2:11-cv-02047

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