Offshore worker sues after injuring shoulder and arm using overhead tools

Michelle Keahey Sep. 17, 2012, 4:39am

NEW ORLEANS - An offshore worker has filed a lawsuit against his employer that claims he suffered severe and painful injuries to his right shoulder and arm while using tools overhead.

Dennis Luther Jr. filed suit against John W. Stone Oil Distributor, in personam, M/V Stone Buccaneer, in rem on Aug. 24 in federal court in New Orleans.

Luther was allegedly injured during September 2009 while working aboard the M/V Stone Buccaneer. He states he was working overhead using a grinder and needle gun, manually rolling drums, lifting, and throwing, when he began to feel severe pain in his right shoulder and arm.

The defendant is accused of negligence for failing to man the M/V Stone Buccaneer with an adequate and sufficient crew for its mission, failing to provide the plaintiff with a safe place in which to work, causing, allowing and permitting the vessel and her appurtenances to be in a dangerous, defective and hazardous condition, requiring the plaintiff to perform task that he was not experienced or properly trained to perform, failing to maintain the vessel in safe operating order, and for requiring the plaintiff to move unreasonably heavy objects, including but not limited to drums weighing in excess of four hundred pounds, in an unsafe and unreasonable manner.

The plaintiff is seeking damages for physical pain, suffering, discomfort, mental anguish, aggravation, annoyance, disability, medical expenses, lost wages, property damages, loss of use vehicle, loss of enjoyment of life, loss of use/function of parts of body, impairment of psychological functioning, disability from engaging in recreation, destruction of earning capacity.

Luther is represented by Anh Quang Cao and Ryan E. Beasley Sr. of Cao Law Firm in Harvey. A jury trial is requested.

U.S. District Judge Jay C. Zainey is assigned to the case.

Case No. 2:12-cv-02171

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