NEW ORLEANS - After falling off of his bunk bed ladder, a night shift worker has filed a lawsuit against his employer claiming he was not warned of the dangerous condition associated with the ladder.
Roy Brooks Jr. filed suit against Oceannerring International Inc. on April 3 in federal court in New Orleans.
The incident occurred on Jan. 20, 2010 as Brooks was aboard the M/V Ocean Intervention I and was working off the coast of Louisiana.
Brooks states that due to additional crew members on board, he had to transfer out of the bunk he had been using. He took an upper bunk which had a sliding ladder. According to the lawsuit, when he got out of bed to use the restroom, he stepped on the ladder which slid from under him and caused him to fall from the ladder.
Brooks alleges that the vessel was unseaworthy due to having a ladder which had a tendency to slide out from underneath its users, having inadequate equipment, and for having inadequate warnings.
The defendant is accused of negligence for creating an unreasonable risk of harm, failing to rectify an unseaworthy, dangerous and hazardous condition and an unreasonable risk of harm, failing to warn of an unseaworthy, dangerous and hazardous condition, and for failing to warn of an unreasonable risk of harm.
The plaintiff is seeking an award of damages for expenses, physical pain and suffering, mental pain and anguish, maintenance, cure, interest, and court costs.
Brooks is represented by Lloyd N. Frischhertz and Marc L. Frischhertz of Frischhertz, Poulliard, Frischhertz & Impastato in New Orleans.
U.S. District Judge Kurt D. Engelhardt is assigned to the case.
Case No. 2:12-cv-00863