Seaman files suit claiming arm entrapped during dive

A seaman who was injured while conducting commercial diving operations in the Gulf of Mexico has filed a lawsuit against his employer for failing to provide proper tools to accomplish the tasks he was assigned.

Dane Emmett Peterson filed suit against Epic Diving & Marine Services on Aug. 19 in federal court in New Orleans.

According to the lawsuit, on Aug. 18, 2009, Peterson was conducting a dive from the DB Southern Hercules when his right arm became entrapped in a subsurface structure while he was assisting with topside's removal of component parts of the structure. Peterson states he suffered severe and disabling injuries to his right arm.

The defendant is accused of negligence for failing to properly equip, main, provision, maintain and operate the DB Southern Hercules and its appurtenances and equipment, failing to properly select and implement an overall plan to complete the tasks at hand in a safe and non-hazardous manner, failing to provide a safe and non-hazardous workplace and failing to provide proper and sufficient tools and manpower to complete the tasks at hand.

The plaintiff is seeking an award of damages for emotional distress, post-traumatic stress, loss of life pleasures, permanent impairment, loss of wages, found, fringe benefits, earning capacity, medical expenses, other financial losses, punitive damages, maintenance, cure, attorney's fees and costs.

Peterson is represented by Bobby J. Delise and Alton J. Hall Jr. of Delise & Hall in New Orleans. A jury trial is requested.

U.S. District Judge Lance M. Africk is assigned to the case.

Case No. 2:11-cv-02058