Kyle Barnett May 28, 2014, 5:33pm

GRETNA – A local car dealer is being sued for allegedly allowing one of its employees to die due to exposure to hazardous materials.

Victoria Landry, on behalf of her deceased father Andrew Bertha, and Roberto Gonzalez filed suit against Walker Volkswagen Inc. in the 24th Judicial District Court on April 30.

Landry asserts that her father, Bertha, and Gonzalez were both employed at Walker Imports Inc. located at 8933 Veterans Memorial Blvd. in Metairie, which is owned by Volkswagen Inc., when they were allegedly exposed to toxic and hazardous environmental conditions and began to suffer health problems.

Gonzalez claims that on Jan. 9 he was admitted to the hospital with a build up of fluid in his chest that doctors found to be related to exposure to hazardous materials and for which he was hospitalized for about a month before being released, the lawsuit claims.

Landry alleges that on Jan. 11 or 12 her father was admit to the hospital as well with fluid build up in his chest believed to be caused by exposure to hazardous materials that he died from on Jan. 21. In addition to Bertha and Gonzalez it is believed that two other employees at the same location experienced similar health problems by being exposed to various toxins, the suit claims.

The defendant is accused of failing to properly and timely respond to a complaint regarding toxic exposure on the premises, failing to properly and adequately repair the various toxic problems and conditions, failing to provide a safe building, failing to disclose to plaintiffs toxic problems and conditions, failing to investigate toxic problems and conditions, failing to remediate the premises and failing to properly inspect and design the premises.

An unspecified amount in damages is sought by Landry for wrongful death, survival damage, medical expenses, lost wages, loss of wage earning capacity and loss of enjoyment of life.

An unspecified amount in damages is sought by Gonzalez for mental pain and suffering, physical pain and suffering, medical expenses, lost wages, loss of wage earning capacity, loss of enjoyment of life, permanent injury and disability.

Landry is represented by K. Adam Avin of New Orleans-based Irpino Law Firm.

The case has been assigned to Division H Judge Glenn B. Ansardi.

Case no. 737-965.

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