Crew panics after fire extinguisher explodes during safety meeting, suit claims

By Michelle Massey | Nov 24, 2010

A seaman has filed a lawsuit against his employer after he was injured during a panic following an explosion caused by a fire extinguisher.

Garibaldi Encarnacion filed suit against BP Exploration and Production Inc., Stallion Offshore Quarters Inc. and Southern Environmental of Louisiana on Nov. 16 in federal court in New Orleans.

The incident occurred on Sept. 17 while Encarnacion was assigned to attend a safety meeting with other workers aboard the F/V Floatel One. During the meeting, an explosion occurred in the meeting room after a fire extinguisher aboard the vessel became detached from its fixture and fell to the deck.

Encarnacion states he was injured during the ensuing panic when the press of evacuees threw him against the wall and fixtures in the meeting room.

The defendant is accused of negligence for failing to provide a competent crew, failing to properly supervise its employees, failing to properly train and supervise plaintiff and other employees, failing to provide plaintiff with a safe place to work and requiring plaintiff to work in unsafe condition, failing to provide adequate emergency procedures and evacuation plans and failing to properly train persons aboard the F/V Floatel One in proper emergency procedures and evacuation plans.

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

Encarnacion is represented by Gretna attorney Ronna M. Steele.

Case No. 2:10-cv-04336

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