Wrongful death suit filed after industrial equipment fails, kills worker

The wife of a deceased longshoreman has filed a wrongful death lawsuit that claims her husband suffered fatal injuries when a piece of equipment failed and the parts acted like projectiles and hit him.

Bridget Bertrand, individually and on behalf of her minor daughter, filed suit against Linde Material Handling North America Corp., Titan International Inc., Mi-Jack Products Inc., ABC Insurance Co., DEF Insurance Co. and XYZ Insurance Co. on Jan. 3 in federal court in New Orleans.

The alleged incident occurred on Feb. 25, 2011 as Shawn Bertrand was working on a Linde Reach stacker. While he was working, the interior components of the rim assembly failed, forcing the tire assembly to act as a projectile and hit Bertrand. He suffered fatal injuries in the incident.

The lawsuit claims that the accident was clearly avoidable, if the equipment had been properly designed and had a warning been given of the likelihood that the equipment would fail under similar circumstances.

The plaintiff is asking the court for an award of damages for Bertrand's physical pain and suffering, medical expenses, funeral expenses, loss of support and services, loss of consortium, loss of love and affection, penalties and attorney's fees.

Bertrand is represented by Metairie attorney T. Peter Breslin.

U.S. District Judge Sarah S. Vance is assigned to the case.

Case No. 2:12-cv-00007