A diver claims his supervisor ordered him to jump off a boat into three feet of muddy water which resulted in injuries.
Illinois resident Michael Domjan filed suit against Divcon and Settoon Construction Inc. on Oct. 8 in federal court in New Orleans.
Domjan states the incident happened on Aug. 22, while he was working aboard the Settoon's barge as a diver. Domjan states he was loaded with diving gear and equipment when he was instructed to jump into the water.
After doing so he claims he struck the bottom and his footing became entangled and immobilized into the mud. As he was attempting to free himself, he fell over and fractured his left ankle. The injury required surgery and placement of plate pins, the suit claims.
Domjan is seeking more than $1 million in damages for pain and suffering, mental anguish, lost past earnings, diminishment and loss of future earning capacity, physical impairment, disfigurement, medical expenses, maintenance and cure, punitive damages, interest, and court costs.
He is represented by Jack W. Harang of Martina Cartwright in Houston. A jury trial is requested.
U.S. District Judge Jay C. Zainey is assigned to the case.
Case No. 2:10-cv-03398