Louisiana Record

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Seaman sues employer over vehicular mishap

By Carol Ostrow | Jul 27, 2015

A seaman is suing his employer in connection with a 2015 Jefferson Parish roadway accident that he claims left him impaired.

Kenneth Charles Martinez sued Magnolia Fleet LLC in the U.S. District Court of the Eastern District of Louisiana on July 13 alleging liability in a May 2015 accident that allegedly resulted in physical injuries to the plaintiff.

According to the suit, Martinez, who worked as a deckhand, was a passenger in a company vehicle operated by co-worker Johnathan Mobley on May 21 en route to a marine vessel near Baton Rouge when the driver lost control of the vehicle and “ended up in a ditch,” injuring the plaintiff.

The suit states that the marine company was negligent when it entrusted the vehicle to Mobley. Documents filed indicate that the driver was immediately fired. Martinez alleges that his resulting disc herniation and protrusion prevents him from returning to work and that he may undergo surgery.

Claiming lost wages and earning capacity, medical bills, severe pain and permanent injury, the plaintiff seeks maintenance and cure in lieu of punitive damages plus general and equitable relief, attorney’s fees, expenses, and court costs. Martinez is represented by Donald de Boisblanc and Donald de Boisblanc Jr. in New Orleans.

U.S. District Court of the Eastern District of Louisiana Case 2:15-cv-02556-NJB-DEK

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