Seaman sues after injuring back during an attempt to lift a tire

Michelle Keahey Feb. 25, 2012, 1:31am

NEW ORLEANS - A Jefferson Parish resident has filed a lawsuit against his employer after he injured his back when he attempted to pick up a tire.

Blaise Clark filed suit against Lumar Marine Inc. on Feb. 17 in federal court in New Orleans, although the suit claims that he had signed his rights away for $1,500.

The alleged incident occurred on Feb. 19, 2011 while Clark was working for Lumar Marine aboard the M/V Tako Bandit. According to the lawsuit, Clark was attempting to lift a tire in preparation to mount it when he sustained an injury to his lower back and spine.

He argues that the injury is a result of the defendant's failure to provide adequate equipment and personnel, for ordering the crew to work using inadequate tools and materials, and for allowing work in unsafe conditions.

Lumar Marine also is accused of negligence for failing to properly supervise its employees and for failing to properly train or supervise Clark.

Clark signed a release of all rights on July 15, 2011 and received a check in the amount of $1,500. He states that the release should be withdrawn and set aside as being unfairly obtained as he had an inadequate understanding of his rights and an incorrect understanding of his medical condition.

Clark is asking the court for an award of damages for physical pain and suffering, mental pain, suffering and anguish, medical expenses, lost wages, loss of earning capacity, loss of fringe benefits, disfigurement and disability, loss of enjoyment of life, maintenance and cure, interest and court costs.

He is represented by Gretna attorney Ronna M. Steel.

Case No. 2:12-cv-00457

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