NEW ORLEANS - After falling from a ladder at the Exxon finishing plant in East Baton Rouge Parish, a worker has filed a lawsuit against the ladder manufacturer and the person who purchased the ladder.
Willard Ray Ramsay and Jerone Ramsay filed suit against David T. Rusnak, W.W. Grainger Inc., Material Control Inc. d/b/a Cotterman Co., ABC Insurance Co., and DEF Insurance Co. on Feb. 28, 2012 in East Baton Rouge Parish District Court. The defendants removed the case to the federal court in New Orleans on July 11.
The alleged incident occurred on Feb. 28, 2011 on the premises of Exxon Mobil Corp., the suit states.
Willard Ramsay was in the Exxon finishing plant, making repairs using a moveable ladder when the ladder toppled, throwing him to the ground.
The plaintiffs argue that the ladder did not conform to the specifications and requirements related by the purchaser of the ladder.
The defendants are accused of negligence for failing to properly fill the work order, providing the purchaser with a defective product and one which was unfit for the purpose for which he knew or should have known it was intended, for the failure to properly assemble the ladder, failing to properly train and supervise employees on assembly, failing to properly affix warning labels, and failing to adequately perform post assembly inspection of the ladder.
The plaintiffs are asking for an award of damages for pain and physical suffering, mental suffering, medical expenses, loss of consortium, service, and society, lost wages, impairment of earning capacity, interest, and court costs.
Ramsay is represented by Michael C. Palmintier of deGravelles, Palmintier, Holthaus & Fruge in Baton Rouge.
U.S. District Judge Kurt D. Engelhardt is assigned to the case.
Case No. 2:12-cv-01804