Custodian sues claiming she was injured in dumpster incident

Kyle Barnett Jul. 16, 2012, 12:00am

NEW ORLEANS – A New Orleans public school custodian has filed suit against a local waste disposal operator for injuries she claims she received from one of its dumpsters.

Tuesday Shaw filed suit against BFI Waste Services, LLC and Allied Waste Services of New Orleans in the Orleans Parish Civil District Court on June 26.

Shaw claims she was employed as a custodian at Lusher Elementary School located at 7315 Willow Street in New Orleans when she was asked to pick up trash overflowing from the school's dumpster. The plaintiff claims she had to do this because an employee of the defendant refused to pick it up. Tuesday asserts that after she cleaned the area the employee quickly flipped the top on the dumpster and struck her in the head.

The defendant is accused of failing to see what should have been seen, opening the dumpster's lid without making sure the petitioner was within safe distance, inattentiveness, failing to maintain a proper lookout and failing to adhere to adequate safety policies and procedures.

An unspecified amount in damages is sought for medical expenses, mental anguish, pain and suffering, wage loss, transportation expense, loss of enjoyment of life and loss of earning capacity.

Shaw is represented by Robert P. Charbonnet of the Metairie-based Charbonnet Law Firm.

The case has been assigned to Division D Judge Lloyd J. Medley.

Case no. 2012-06309.

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