NEW ORLEANS — A seaman who sustained back injuries on the job is suing the owners of a vessel and a crane, alleging insufficient measures were taken to prevent injuries.

Toby Martin Jr. filed a complaint on Sept. 15 in the U.S. District Court for the Eastern District of Louisiana against defendants L&M Botruc Rental LLC and Hercules Offshore Services LLC, alleging that they failed to provide a safe place to work.

According to the complaint, the plaintiff alleges that on Dec. 25, 2015, he was on the back deck of the M/V CTRUC 8 attempting to attach a mud hose from a jack-up vessel, Hercules 264, to the crane hook of the Hercules 264 when he was struck in the back by the crane hook. Martin sustained serious and permanent injuries to his spine, causing him to suffer mental and physical pain, lost wages and medical expenses, the complaint said. The plaintiff holds L&M Botruc Rental LLC and Hercules Offshore Services LLC responsible because L&M allegedly failed to provide a seaworthy vessel and the Hercules 264's crane operator allegedly failed to obey and/or to see the plaintiff's signal to stop.

The plaintiff requests a trial by jury and seeks $3 million in monetary relief, with legal interest, maintenance and cure, attorney fees and costs and all other equitable relief. He is represented by Thomas Discon and Charlotte Strief of Discon Law Firm in Mandeville.

U.S. District Court for the Eastern District of Louisiana Case number 2:16-cv-14717

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U.S. District Court for the Eastern District of Louisiana
500 Poydras Street
New Orleans, LA - 70113

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