Benson Tower sued by painter allegedly injured in workplace accident

By Elizabeth Young | Mar 27, 2013

NEW ORLEANS – A Jefferson Parish man is suing the owners of a building in the New Orleans Central Business District after he was allegedly injured when a piece of sheet rock fell on him while he was working.

Edwin Martinez filed suit against Zinsel Glass and Mirror LLC, RBI Benson Tower and an unknown employee of the company in the Orleans Parish Civil District Court on Jan. 28.

The suit claims that Martinez was seriously injured Jan. 27, 2012, while working for Painting Associates LLC at the Poydras Street building. The cause of the accident is alleged to be a piece of sheet rock that was dropped, the suit claims, by an unknown employee of Zinsel and Benson.

The unknown employee is accused of failing to use due vigilance under the circumstances, failing to see what he should have seen, negligently installing and/or carrying sheet rock, failing to adequately and properly secure the relevant sheet rock, failing to provide adequate warning to Martinez, installing and/or carrying sheet rock in a reckless or careless manner, failing to use the proper safety and other precautions and failing to follow the relevant polices and procedures.

The companies are accused of failing to remove hazards from the area, failing to warn of a dangerous condition, failing to inspect the premises or equipment, failing to have proper polices and procedures, permitting a hazardous condition to exist, permitting foreseeable danger and hazardous conditions to exist, failing to post warning signs that would draw Martinez’s attention to the hazard, failing to detect, evaluate, or remedy any foreseeable vice or defect, creating a hazardous condition on the premises, failing to adequately instruct and train its employees, negligently entrusting its equipment to unfit individuals, not ensuring safety on its premises and having faulty equipment.

An unspecified amount of damages is sought for mental and physical pain and suffering, disability, medical expenses and loss of enjoyment of life.

Martinez is represented by attorney Ivan A. Orihuela of Kenner.

The case has been assigned to Division J Judge Paula A. Brown.

Case No. 2013-00863.

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