Terrebonne Parish business sued after employee allegedly fails to lower lift gate

Michelle Keahey Mar. 30, 2012, 4:11am

NEW ORLEANS - A Terrebonne Parish business is being sued after one of its workers allegedly failed to lower a lift gate between a truck and the warehouse, causing a deliveryman to fall.

Anthony Middleton filed suit against W.W. Grainger Inc. and ABC Insurance Co. on Feb. 8 in Terrebonne Parish District Court. The defendant removed the case to federal court in New Orleans on March 14.

The alleged incident occurred on Feb. 3, 2011 as Middleton was making a delivery to a Grainger warehouse located in Houma. Middleton states that he was injured while unloading his truck. When he stepped out of the back of his truck, his foot went through an opening between the truck and the warehouse loading dock. His foot got stuck, causing Middleton to fall to the ground inside the warehouse.

According to the complaint, a Grainger employee normally lowers a lift gate to sit on the tailgate of Middleton's truck and this was not done, leaving a gap between the truck and the warehouse.

The defendant is accused of negligence for failing to adequately provide a safe means of ingress and egress, failing to adequately or properly warn Middleton of the inherent danger, failing to adequately inspect the premises, failing to maintain the premises in a safe condition, allowing unsafe operations of the loading dock, and for failing to lower the lift gate.

The plaintiff is seeking damages for medical expenses, lost earnings, loss of earning capacity, physical pain and suffering, mental and emotional pain and suffering, loss of enjoyment of life, disfigurement, inconvenience, interest, court costs and attorney's fees.

Middleton is represented by David J. Mitchell of Frank J. D'Amico Jr. in New Orleans.

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

Case No. 2:12-cv-00693

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