Machine operator sues after slipping off ice chest he used as ladder

Michelle Keahey Jan. 23, 2012, 2:29am

St. Martin

NEW ORLEANS - After falling from an ice chest and suffering injuries, a heavy machine operator has filed a lawsuit claiming he was not warned that using the ice chest as a stepping platform was dangerous.

Mark J. Herbert filed suit against Specialized Environmental Resources, ES&H Inc. and A-Port on Jan. 11 in federal court in New Orleans.

The alleged incident occurred on Jan. 26, 2011 while Herbert was employed by Iberia Aggregates & Construction Materials as a heavy machine operator and working on the M/V Michael B.

Herbert states that he was unloading equipment and using an ice chest as a stepping platform to board the vessel when the ice chest slipped and he fell. He suffered injuries to his shoulder and neck, his suit claims.

The defendants are accused of negligence for failing to recognize the dangerous circumstances surrounding the task being performed at the time of the accident, failing to properly train the crew members, failing to provide properly functioning equipment, failing to provide Herbert with a safe place to work, and failing to provide ingress and egress.

The plaintiff is seeking damages for physical and mental pain, suffering, permanent disability, disfigurement, loss of enjoyment of life, medical expenses, loss of wages and earning capacity, interest, and court costs.

Hebert is represented by Charles C. Bourque, Jr., Christopher J. St. Martin, Joseph G. Jevic, III, and Adam J. Triplett of St. Martin & Bourque in Houma.

U.S. District Judge Martin L. C. Feldman is assigned to the case.

Case No. 2:12-cv-00071

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