Man injured after running over submerged pipe in boat sues owner

Kyle Barnett Dec. 4, 2012, 12:19am

Robert J. Diliberto

GRETNA – A Jefferson Parish man is suing a Baton Rouge construction company for injuries he allegedly received after running over a piece of submerged pipe that it owned.

James Ziegel filed suit against 4H Construction Corporation-Lousiana in the 24th Judicial District Court on Oct. 18.

Ziegel claims he was operating his boat at the posted speed limit of 35 miles per hour on Bayou Dupont in Jefferson Parish when suddenly and without warning his boat struck a submerged pipe and he was thrown about the vessel. The plaintiff alleges that he was able to hold onto the boats railing to keep from being thrown overboard. Ziegel asserts that he received severe and debilitating injuries due to the incident.

The defendant is accused of failing to maintain proper piping equipment along the up runway to Bayou Dupont, failing to maintain proper arrangement of piping equipment along the up runway to Bayou Dupont, failing to warn oncoming boat traffic of potential submerged pipes, failing to take measures to ensure safety of others, failing to exercise due care in maintenance of piping, failing to act reasonably, failing to protect the public from unreasonable risks of harm and failing to obey the rules of the waterway and laws and ordinances of the Jefferson Parish.

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

Ziegel is represented by Robert J. Diliberto of Diliberto & Kirin, LLC.

The case has been assigned to Division K Judge Ellen S. Kovach.

Case no. 720-300.

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