After receiving injuries from using a pneumatic tool, Michael Thumm filed a personal injury lawsuit against his employer Chet Morrison Contractors on May 23 in federal court in New Orleans.
Michael Thumm states he suffered disabling injuries on Oct. 2, 2010 while employed as a diver on the crew of the D/S/V Joanne Morrison. Thumm states he was injured after being ordered to use a "needle gun" for several 12 hour days with little or no relief. The tool had excessive vibration. He reported his injuries but states he was still ordered to work another full shift using his hands and wrists in painting and related activities. According to the lawsuit, doctors have recommended surgery for Thumm but the defendant has failed and refused to authorize and pay for it.
The defendant is accused of negligence for forcing Thumm to use a needle gun, which allegedly had excessive vibration, for several twelve hour shifts with little or no relief.
The plaintiff is asking for an award of damages for physical pain, mental anguish, emotional distress, medical expenses, disability, lost income, loss of earning capacity, permanent physical impairment, loss of enjoyment of life, maintenance and cure, punitive damages, damages for embarrassment, humiliation, plus attorney's fees.
Thumm is represented by Irving J. Warshauer of Gainsburgh, Benjamin, David, Meunier & Warshauer in New Orleans. A jury trial is requested.
U.S. District Judge Sarah S. Vance is assigned to the case.
Case No. 2:11-cv-01214