$10 million wrongful death lawsuit filed by wife of drowning victim
NEW ORLEANS - The wife of a deceased seaman has filed a lawsuit for $10 million against her husband's employer claiming that the company's negligence resulted in her husband's drowning when a vessel capsized.
Dawn Maniscalco, as personal representative of Jeffrey Maniscalco, filed suit against AEP Elmwood on July 13 in federal court in New Orleans.
The accident occurred on Dec. 30, 2011 as Jeffrey Maniscalco was a seaman employed by AEP and working aboard the M/V Glen Fontentot.
According to the lawsuit, the vessel capsized in the Mississippi River and Maniscalco drowned.
The defendant is accused of negligence for failing to provide the decedent with a safe place to work, failing to provide sufficient training and competent crew members, failing to exercise requisite managerial control, failing to exercise due care and caution under the existing river conditions, failing to adhere to its own policies and procedures, and for failing to provide a vessel that was tight, staunch, strong, fully and properly equipped, seaworthy and fit and proper.
The plaintiff is seeking more than $10 million in damages for pain and suffering, mental anguish, mental pain, suffering and anguish, loss of consortium and society, loss of support and services, funeral and burial expenses, interest, court costs, and punitive damages.
Maniscalco is represented by David A. Abramson and Ian F. Taylor of Lewis, Kullman, Sterbcow & Abramson in New Orleans. A jury trial is requested.
U.S. District Judge Sarah S. Vance is assigned to the case.
Case No. 2:12-cv-01829