Man sues after he is allegedly injured by defective forklift

Catherine Melancon Nov. 7, 2012, 7:50am

BASF plant in Geismar

BATON ROUGE – A Tangipahoa Parish man is suing a construction contractor, an equipment rental company and a Geismar chemical plant after he was allegedly hurt while operating a forklift.

Irwin Enriquez filed suit against Turner Industries, LLC, Turner Industries Group, LLC, BASF Corporation and RSC Equipment Rental, Inc. in the 19th Judicial Court on Oct. 18. The plaintiff claims that on Oct. 20, 2011 he was operating a Big Daewoo forklift on BASF's premises when the forklift suddenly malfunctioned and caused him severe personal injuries. The forklift was allegedly being rented to Turner and/or BASF by RSC. Enriquez states the defendants were advised on multiple occasions that the forklift was in defective condition prior to the incident.

The defendants are accused of failing to remove hazards from the area, failing to warn of dangerous conditions, failing to inspect the equipment or premises, failing to repair the equipment, failing to have proper policies and procedures, failing to post warning signs that would draw the plaintiff's attention to the hazard, failing to detect, evaluate or remedy any foreseeable defect, providing its personnel and/or forklift operators with defective equipment and failing to implement and/or use proper safety and other precautions.

An unspecified amount in damages is sought for mental anguish and pain, future physical disability, medical expenses, loss of enjoyment of life, lost wages and loss of earning capacity.

The plaintiff is represented by Ivan A. Orihuela of Riguer Silva, LLC in Kenner.

The case has been assigned to Division D Judge Janice Clark.

Case no. 616378.

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