Production worker sues after falling into machine

NEW ORLEANS  - A production worker has filed a lawsuit claiming he suffered injuries when he fell into a machine while trying to inspect it for problems.

Lendwood McKnight and Fonda McKnight filed suit against Velocity Equipment Solutions and Cincinnati Insurance Co. on July 22 in Tangipahoa Parish District Court. The defendant removed the case to federal court in New Orleans on Aug. 26.

Lendwood McKnight is an employee of Consolidated Containers in Kentwood and worked the overnight shift on July 25, 2012, the complaint states.

On the night at issue, one of the production lines ran out of product and McKnight was required to climb on top of the machine to inspect the problem. According to the lawsuit, the guard on top of the machine slipped from its position on top of the machine and fell into the hopper, causing McKnight to also fall into the machine.

As a result of the fall, McKnight suffered injuries to his foot, knee and back.

The defendant is accused of negligence for failing to replace all safety shields when they performed the work on the machine, failure to perform the repairs in a safe manner, failing to oversee the work and ensure that all repairs were performed in a safe and workmanlike manner, failing to warn of the unsafe condition the machine was left in, failing to train and supervise their workers who performed the work for Consolidated Containers, and for failing to leave the machine in as safe condition as they found it.

The lawsuit is seeking an award of damages for inconvenience, mental duress, pain and suffering, medical expenses, loss of earnings, loss of earning capacity, loss of enjoyment of life, loss of consortium, disability, discomfort, interest, and court costs.

The plaintiffs are represented by Richard D. McShan of McShan Law Firm in Amite. A jury trial is requested.

U.S. District Judge Carl J. Barbier is assigned to the case.

Case No. 2:13-cv-05562