Kyle Barnett Mar. 4, 2015, 4:52pm


GRETNA – A construction worker is suing the owners of an excavator that allegedly dropped a load on top of him, resulting in severe and disabling injuries.

David K. Arceneaux, and wife Mellisa, filed suit against Fleming Construction Company LLC in the 24th Judicial District Court on Jan. 12.

Arceneaux asserts that he was working for Legreca Services Inc. on Jan. 15, 2014 on a public works project in Kenner when an excavator on the job site dropped a load on him. The plaintiff claims that prior to the incident the employee operating the excavator was doing so in an unsafe manner. Arceneaux alleges he received serious disabling injuries due to the negligence of the defendant.

The defendant is accused of failing to operate the excavator in safe manner, failing to supply qualified and experienced personnel, failing to remove a protective covering from the excavator, failing to properly supervise and train and employees and failing to utilize appropriate equipment for the job being performed.

An unspecified amount in damages is sought for medical expenses, mental pain and suffering, physical pain and suffering, permanent disability, lost wages, diminution of wage earning capacity and pharmaceutical expenses.

Arceneaux is represented by attorney Mary W. Riviere of Houma.

The case has been assigned to Division D Judge Scott U. Schlegel.

Case no. 745-730.

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