Kyle Barnett Jan. 9, 2013, 4:43pm

GRETNA – A Jefferson Parish man who was allegedly struck by the hydraulic arm of an excavator operated by an heavy equipment rental employee is suing for personal injuries.

Kenneth Miller filed suit against the Gray Insurance Co., Eustis Engineering Services LLC and James Cordes in the 24th Judicial District Court on Nov. 14. Miller claims he was walking away from the excavator after its bucket was switched out when Cordes began operating the hydraulic arm and struck him in the back with it. Miller alleges he suffered serious injuries in the incident to his body and mind.

The defendant is accused of failing to maintain reasonable control over the excavator, careless operation of an excavator, being inattentive o the operation of a piece of equipment, failing to do what should have been done, failing to use the degree of care required by the existing situation, failing to properly enter the excavator and failing to ensure the safety switch was in force before entering the excavator.

An unspecified amount in damages is sought for medical expenses, pain and suffering, emotional anguish, lost earnings, loss of earning capacity and loss of enjoyment of life.

Miller is represented by Folsom-based attorney Hugh B. Exnicios.

The case has been assigned to Division J Judge Stephen J. Windhorst.

Case no. 721-091.

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