Vessel's engineer claims toxic paint caused permanent disability

Michelle Keahey Jul. 30, 2012, 2:16am


NEW ORLEANS - An engineer has filed a lawsuit against his employer claiming that he was exposed to toxic paint fumes that resulted in permanent disability from reactive airway disease and chemical injuries to his lungs.

Dale McNaughton filed suit against Harvey Gulf International Marine on July 18 in federal court in New Orleans.

McNaughton was employed by Harvey Gulf as a Jones Act seaman aboard the M/V Harvey Commander. He claims that he was injured when he was exposed to toxic paint fumes on Dec. 9 through Dec. 14, 2009, while the vessel was at dock in Fourchon.

McNaughton became so ill that he was taken off the vessel for medical treatment. He claims he sustained chemical injuries to his lungs, including reactive airway disease and chemically induced asthma.

The defendant is accused of negligence for failing to furnish McNaughton with a safe and seaworthy place within which to perform his work, exposing McNaughton to a toxic substance, and continuing to expose McNaughton to toxic fumes while he attempted to perform the work required of him as a vessel engineer.

The plaintiff is seeking more than $10 million in damages for permanent disability, physical pain, mental anguish, loss of earnings, loss of wage earning capacity, medical expenses, court costs, and interest.

McNaughton is represented by David A. Abramson and Ian Taylor of Lewis, Kullman, Sterbcow & Abramson in New Orleans.

U.S. District Judge Helen G. Berrigan is assigned to the case.

Case No. 2:12-cv-01875

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