NEW ORLEANS – A worker who was excavating a trench at a local Wal-Mart when it allegedly failed and buried him is suing.

Tyrone Smith and Cheryl Smith filed suit against Wal-Mart Stores Inc., Clark Construction Inc., BRR Architecture Inc. and Duplantis Design Group of Louisiana in the Orleans Parish Civil District Court on Nov. 4, 2014.

The plaintiffs claim that, on Dec. 6, 2013, while repairing a pipe in an excavated trench at the jobsite of a new Wal-Mart store in New Orleans East, the trench excavation suddenly failed, burying the plaintiff and resulting in severe personal injuries.

The defendant is accused of failing to safely design the excavations with proper supports to prevent trench collapse as well as failing to implement safety standards of the trench excavations and other alleged negligence.

The plaintiff seeks an unspecified amount in damages for bodily injuries, loss of earnings, loss of earnings capacity, pain and suffering, mental anguish and medical expenses.

The plaintiff is represented by D. Patrick Keating, Julie-Ann A. Duhe'Keating and Eve S. Reardon of the Metairie-based Keating Law Firm LLC.

This case has been assigned to Division I Judge Piper D. Griffin.

Case no. 2014-10648.

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