A seaman has filed a lawsuit against Transocean claiming it failed to uphold safety requirements.
Carlos Gutierrez filed suit against Safway Services and Transocean Offshoreusa Inc. on June 13, 2011 in St. Charles Parish District Court. The defendants removed the case to federal court in New Orleans on July 1.
The alleged incident occurred on Jan. 6, 2011 as Gutierrez was employed by Safway as a Jones Act seaman aboard the Transocean owned M/V Discoverer Deep Seas. Gutierrez claims he suffered serious injuries to his head, neck, right arm and back.
The defendant is accused of negligence for failing to provide a reasonably safe place to work, failing to properly train and supervise Gutierrez, failing to take any means or precautions for the safety of the employees, creating and maintaining an unseaworthy vessel, failing to provide minimum safety requirements and for failing to provide adequate equipment or personnel for the job in question.
The plaintiff is seeking damages for physical, mental and emotional pain and suffering, loss of wages, fringe benefits, wage earning capacity, physical disability, medical expenses, maintenance and cure benefits, attorneys' fees, punitive damages and interest.
Gutierrez is represented by Timothy J. Young, Jason MacFetters and Rebecca A. Coman of
The Young Firm in New Orleans. A jury trial is requested.
U.S. District Judge Kurt D. Engelhardt is assigned to the case.
Case No. 2:11-cv-01555