A New Orleans security officer has filed a personal injury lawsuit after a truck driver allegedly drove away without clearance.
Calvin F. Duvalle filed suit against NES Equipment Services Corp., doing business as NES Rentals, and XYZ Insurance Co. on Aug 5 in federal court in New Orleans.
The alleged incident occurred April 19 as Duvalle was working as a security officer at the NASA facility in New Orleans. Duvalle says he thought an 18-wheel truck he was inspecting had stopped but the big rig kept going, causing a large metal pipe to hit Duvalle across the back. Duvalle states he was knocked to the ground and sustained severe physical injuries.
The defendants are accused of negligence in their hiring, training, instructing, employing and supervising the employee driving the vehicle.
The driver is accused of negligence for failing to lawfully and safely operate his vehicle, proceeding through a checkpoint without permission, failing to keep a proper lookout, failing to keep his vehicle under control, failing to maneuver and steer his vehicle, failing to lawfully stop and for total disregard of the welfare of Duvalle.
Defendant NES is also accused of allowing the driver to drive excessive hours in violation of Department of Transportation and Louisiana State laws.
Duvalle is seeking damages for medical expenses, loss of income, wages, benefits and other compensation, loss of earning capacity, loss of insurability, physical pain and suffering, mental and emotional anguish, distress, physical disability, psychological disability, loss of enjoyment of life, costs of proceedings and expert fees, damage to plaintiff's property, interest and court costs.
Duvalle is represented by Richard J. Fernandez and Amber E. Cisney in Metairie and L. Eric Williams, Jr. of Williams Law Office in Metairie.
A jury trial is requested.
U.S. District Judge Mary Ann Vial Lemmon is assigned to the case.
Case No. 2:10cv0251