Laborer sues after scaffolding collapses

Kyle Barnett Dec. 15, 2011, 4:54pm

NEW ORLEANS – A brick mason is suing both his employer and the owner of the building he was working on after he was injured when the scaffolding he was standing on collapsed and he fell and broke his leg.

Charles Riley filed suit on Dec. 2 in Orleans Parish Civil District Court against Liberty Place Apartments and Brick Masonry and their respective insurers.

The plaintiff claims he was working for Brick Masonry installing blocks at several properties owned by Liberty Place. The suit asserts Riley was on scaffolding when it suddenly collapsed.

Injuries attributed to the incident include a fractured leg and serious personal injuries to his lower back and extremities. The plaintiff is also claiming psychiatric and psychological damages.

Damages of an unspecified amount sought by plaintiff include medical expenses, lost wages and opportunity costs, pain and suffering, psychiatric and psychological damage and emotional distress. There are also allegations involving negligent use of a motor vehicle, but it is unclear how they pertain to the incident.

The defendants are accused of failure to keep proper lookout for laborer, inadequate scaffolding, failure to properly setup and install scaffolding, failure to train personnel to set up scaffolding properly, failure to inspect scaffolding, failure to exercise reasonable care, failure to take proper precautions, failing to see what could have been seen, failing to act as a reasonable and prudent person, failing to be attentive to his surroundings and to act in a prudent and cautions manner for the protection of life and limb, misuses and abuse of motor vehicle, creating an emergency situation and general failure to exercise due care in operating a motor vehicle.

The suit was brought on behalf of Riley by Laplace-based Fred R. DeFrancesch and Tomy J. Acosta.

Case number 2011-12578 has been assigned to Section G Judge Robin M. Giarrusso.

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