Second lawsuit filed over industrial equipment accident
A second lawsuit has been filed in federal court over an industrial accident that resulted in the loss of life of one worker and serious injuries to another when a tire exploded.
Wayne Strecker and Pamela Strecker filed suit against Linde Material Handling North America Corp., Titan International Inc., Titan Steel Wheels Ltd., Mi-Jack Products Inc., ABC Insurance Co., DEF Insurance Co. and XYZ Insurance Co. on Jan. 4 in federal court in New Orleans.
Strecker states he was injured on Feb. 25, 2011 while co-worker Shawn Bertrand was working on a Linde Reach Stacker. According to the lawsuit, Bertrand was attempting to remove a wheel nut from a stud when the locking ring failed, causing the tire to explode off the axle. Bertrand was killed and Strecker sustained serious injuries, including numerous broken bones.
Both the men were employed by Ceres Gulf Inc. or New Orleans Terminal as mechanics, the suit claims.
"Had the defendants given proper and adequate warnings to the plaintiffs of the propensity of their equipment to fail or properly designed or manufactured their equipment, the accident would not have occurred," the lawsuit states.
The defendants are accused of negligence, strict products liability, and for failure to warn. The first lawsuit was filed by the wife of deceased Shawn Bertrand on Jan. 3.
The plaintiff is asking the court for an award of damages for physical pain and suffering, mental pain and anguish, loss of earning capacity, loss of benefits, medical expenses, disability, loss of consortium, loss of love and affection, loss of wages and benefits, and interest.
Strecker is represented by Michael H. Bagot, Jr. and Thomas A. Rayer, Jr. of Wagner, Bagot & Rayer in New Orleans.
U.S. District Judge Lance M. Africk is assigned to the case.
Case No. 2:12-cv-00016