Landfill employees sues fumigation company over dumping of toxic materials he claims injured him

GRETNA – A fumigation company is being sued by a landfill employee who claims he was injured when exposed to hazardous and toxic materials.

Jesse Clouatre filed suit against Triton Fumigation LLC and its insurer in the 24th Judicial District Court on April 30.

Clouatre asserts he was working at the River Birch Landfill located at 2000 S. Kenner Road in Avondale when a Triton Fumigation truck dumped a load of commercial waste at the landfill that was on fire. The plaintiff claims he attempted to put out the fire and was injured by inhaling smoke and vapors from aluminum phosphide that was in the pesticide that had been dumped.

Clouatre alleges the aluminum phosphide, a known hazardous material, had been improperly mixed in with other waste and disposed of by Triton Fumigation, which initiated a report to the Louisiana Department of Environmental Quality. The plaintiff further contends he did not know the material that caused the fire was toxic and hazardous when he was attempting to put out the fire. Clouatre asserts he had to be taken to West Jefferson Hospital for treatment due to his injuries.

The defendant is accused of failing to dispose of hazardous chemicals, knowing of the danger and failing to warn about it, negligent implementation of policies and failing to properly label the toxic substance.

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

Clouatre is represented by attorney Eric J. O’Bell of Metairie.

The case has been assigned to Division C Judge June Berry Darensburg.

Case no. 749-276.