NEW ORLEANS - After reinjuring his shoulder, a deckhand has filed a lawsuit against his employer claiming that the employer should have prevented him from performing strenuous work.
William J. Rowan filed suit against Chem Carriers Towing on March 15 in federal court in New Orleans.
The incident occurred on May 27, 2011 as Rowan was performing strenuous work aboard the M/V George W. Banta. He states he was helping to snatch on the ratchet to secure the stern barge to the lead barge when he aggravated a previous shoulder injury.
The defendant is accused of negligence for placing Rowan in a situation with an unreasonable risk of injury, for failing to provide a safe place to work, for failing to take all proper precautions to prevent injuries, failing to adequately train, instruction or supervise the crew, failing to properly examine or inspect the vessel, and for failing to provide an adequately manned vessel.
Rowan is also suing Chem Carriers for its requirement that he perform heavy, strenuous work.
The plaintiff is seeking damages for loss of wages and impairment of earning capacity, medical expenses, physical and mental pain and suffering, mental anguish and emotional distress, loss of enjoyment of life, physical disability and impairment of bodily function, exemplary damages, interest and court costs.
Rowan is represented by Thomas R. Edwards of Domengeaux Wright Roy & Edwards in Lafayette. A jury trial is requested.
U.S. District Judge Sarah S. Vance is assigned to the case.
Case No. 2:12-cv-00712