Louisiana commercial diver sues after suffering injuries due to lack of adequate assistance

By Michelle Keahey | Jul 27, 2012


NEW ORLEANS - A Louisiana seaman has filed a lawsuit against his employer claiming he was injured due to a lack of assistance aboard the vessel.

Matthew S. Dumars filed suit against Divcon on June 27 in federal court in New Orleans.

Dumars was working as a commercial diver and a seaman when the alleged incidents occurred. The first occurred on Jan. 26 when Dumars was instructed to move a compressor unassisted and he sustained an injury, the suit says. The second incident occurred on Feb. 6 as Dumars was attempting to climb a rigged ladder without adequate assistance as he was exiting the water.

According to the lawsuit, the ladder was defective and improperly rigged.

The defendant is accused of negligence for failing to properly equip, man, provision, maintain and operate the vessel, properly select and implement an overall plan to complete the tasks at hand in a safe and non-hazardous manner, provide a safe and non-hazardous workplace, provide proper and sufficient tools and manpower to complete the tasks at hand, provide training and instruction to Dumars' fellow crew members, and provide proper warnings and instructions regarding conditions on the vessel, properly maintain the equipment on the deck.

The defendant is accused of negligence for failing to provide sufficient manpower and equipment to move the compressor and for failing to provide a safe manner of ingress and egress between the vessel and the dive site.

The plaintiff is asking the court for an award of damages for disability, medical expenses, loss of earning capacity, physical pain, mental anguish, maintenance, cure, attorney's fees, court costs, and punitive damages.

Dumars is represented by Alton J. Hall Jr. and Bobby J. Delise of Delise & Hall. A jury trial is requested.

U.S. District Judge Stanwood R. Duval Jr. is presiding.

Case No. 2:12-cv-01669

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