Forklift operator claims on the job injury after jumping from vehicle to avoid falling objects

NEW ORLEANS – An employee of Express Services who claims he was injured while operating a forklift at local warehouse is suing.

Dwayne Johnson filed suit against John Early, individually and John Early Trucking Company or J.E.T. Trucking Company and their insurer in the Orleans Parish Civil District Court on Feb. 23.

On Jan. 7, the plaintiff claims he was working for Express Services and deployed for a job at Dupuy Storage and Forwarding Company located at 5300 Old Gentilly Road in New Orleans.

The petitioner claims his job as operator of the forklift was to lift a flatbed trailer containing “upright staves or poles” from the truck operated by the defendant. However, while off loading the flat bed trailer, the defendant allegedly reared his truck away early, resulting in the upright staves penetrating the forklift, causing the petitioner to take evasive action and jump. The plaintiff contends he sustained severe injuries to his head, jaw, neck, right shoulder, left elbow and right knee as a result of the incident.

The defendant is accused of failing to keep a proper lookout, maintain adequate vigilance, retain control of the truck, carefully steer the truck and warn the petitioner of an impending collision.

The plaintiff is seeking an unspecified amount in damages for pain and suffering, mental agony, emotional turmoil, loss of wages, decline in future income and medical expenses.

The petitioner is represented by Michael E. Katz of Michael E. Katz LLC.

The case has been assigned to Div. C Judge Sidney H. Cates IV.

Case no. 2015-01611.