Safety drill results in man overboard, suit claims
NEW ORLEANS - After he was thrown overboard during a safety drill, Colby Istre filed a lawsuit against his employer Montco Offshore Inc. and Montco Inc. on Aug. 10 in federal court in New Orleans.
The alleged incident occurred on Oct. 3, 2010 as Istre was in one of the M/V LB Paul's rescue boats participating in a man overboard drill. While the boat was hoisted by the vessel's crane, one of the crane's lifting lines snapped and threw Istre out of the boat and into the water.
According to the lawsuit, the rescue boat landed on top of Istre, striking him in the head, neck, and back. Istre states he was rendered unconscious.
The defendant is accused of negligence for placing Istre in a situation that it knew or should have known to be unreasonably dangerous or present an unreasonable risk of harm, failing to properly examine or inspect its vessel, failing to properly maintain the vessel, failing to provide a safe place to work, failing to adequately instruct or train the crew, and for failing to provide adequate supervision and other acts of negligence.
The plaintiff is asking for an award of damages for loss of wages, loss of earning capacity, physical pain and suffering, mental pain and suffering, disability, disfigurement, loss of enjoyment of life, cure and medical expenses, maintenance, loss of found, exemplary damages, court costs and interest.
Istre is represented by James Parkerson Roy and Brian C. Colomb of Demengeaux, Wright, Roy & Edwards and Jeffrey A. Breit of Breit Drescher Imprevento & Walker P.C. in Virginia Beach.
U.S. District Jane Triche Milazzo is assigned to the case.
Case No. 2:12-cv-02054