Boat passenger Herman Bustamante filed a lawsuit against Hapag-Lloyd America, Inc., Livorno Express, XYZ Insurance, and EFG Insurance Co. on March 16 in the Civil District Court for the Parish of Orleans, claiming injuries in a gangway fall.

The case was removed to the Eastern District of Louisiana on April 15.

According to the complaint, Bustamante was leaving the Livorno Express vessel on March 19, 2009, when one of the ship's employees jerked the gangway causing him to fall. Bustamante hit the ground sustaining injuries and then was hit by gangway sustaining more injuries, he claims.

Bustamante claims believes the defendants are negligent for failing to provide a competent crew, failing to supervise or properly train its employees, failing to provide plaintiff with a safe manner of egress and allowing him to exit the ship under unsafe conditions.

Bustamante is seeking damages for physical pain and suffering, mental pain, suffering, and anguish, medical expenses, lost wages, loss of future earning capacity, loss of fringe benefits, disfigurement and disability, loss of enjoyment of life, interest and court costs.

Metairie attorney Earl G. Perry, Jr. of Gauthier, Houghtaline & Williams represents Bustamante.

U.S. District Judge Stanwood R. Duval, Jr. is assigned to the case.

Case no 2:10cv01122

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