Construction worker sues after tripping over bolt and falling down flight of stairs

NEW ORLEANS - After tripping over a mounting bolt and falling down a flight of stairs, a construction worker has filed a lawsuit that claims a grain facility was negligent in failing to properly maintain the area in a safe condition.

Willie Evans filed suit against T. E. Ibberson Co. and XYZ Insurance Co. on Sept. 24 in St. Charles Parish Court. The defendants removed the case to federal court in New Orleans on Oct. 25.

The alleged incident occurred on Sept. 25, 2011 as Evans was working as a supervisor with Archer Daniels Midland, which was hired to perform construction work in the rebuilding of the plant after a grain facility exploded in October 2008. While he was on the roof unlocking equipment, he tripped on a mounting bolt sticking up, which appeared to be holding down a piece of trim at the threshold of the stairs exiting the roof, causing him to fall down the flight of stairs.

The defendant is accused of negligence for failing to properly maintain the premises in a safe condition, for maintaining or contributing to the unsafe conditions of the premises, failing to provide notice of an unsafe condition, failing to warn of the hazardous and dangerous area over which visitors/residents may travel, failing to inspect the premises upon completion of work hired to perform, failing to properly secure a threshold on a roof exit by placing a protective plate over the bolts, and for failing to provide a safe place for employees of Archer Daniels Midland to traverse.

The plaintiff is seeking an award of damages for physical pain and suffering, mental anguish, distress, medical expenses, loss of wages, loss of earning capacity, interest, and court costs.

Evans is represented by Metairie attorney Anthony S. Taormina.

U.S. District Judge Eldon E. Fallon is assigned to the case.

Case No. 2:12-cv-02597