Kyle Barnett Jan. 23, 2013, 2:04pm

GRETNA – A St. Tammany man is suing a tile company for injuries he allegedly received in a forklift accident when he went to pick up tiles as a customer.

David Darby, and wife Angela, filed suit against Troy Altemus, Dal-Tile Corporation and Liberty Mutual Insurance Company in the 24th Judicial District Court on Nov. 30. Darby claims he visited the Dal-Tile Corporation location in Elmwood to pick up building materials and when he was in the back of his pickup a forklift driven by Altemus, an employee of Dal-Tile, and carrying a pallet of tiles pinned him to the truck as Altemus tried to unload the materials. The plaintiff alleges that he received multiple severe physical, psychological and emotional injuries in the incident.

Altemus is accused of failing to keep a proper lookout, failing to observe the plaintiff’s position in the truck, failing to observe surroundings while operating heavy equipment, failing to use due caution, failing to exercise safety precautions, failing to warn the plaintiff and operating heavy equipment in dangerous manner.

Dal-Tile is accused of failing to properly select and train its employees, failing to prohibit and unqualified and reckless forklift driver from operating a forklift, failing to screen and test employees, to evaluate their safety orientation, failing to develop sufficient safety policies and failing to provide a safe environment.

An unspecified amount in damages is sought for physical pain, suffering, discomfort, mental anguish, distress, aggravation, annoyance, disability, loss of enjoyment of life, past and future medical expenses, loss of wages and loss of earning capacity.

Darby is represented by Roger A. Javier of the New Orleans-based The Javier Law Firm.

The case has been assigned to Division D Judge Robert M. Murphy.

Case no. 721-596.

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