NEW ORLEANS – A diver is seeking compensation for injuries he allegedly sustained while on the clock.
Dale E. Loveall Jr., individually and on behalf of his minor child, Sadie Loveall, and Robin Loveall, filed a lawsuit Jan. 28 in the U.S. District Court for the Eastern District of Louisiana against Nordic Underwater Services Inc., AMI Consulting Engineers P.A. Inc., ADM Grain River System Inc., and Archer-Daniels-Midland Co. over claims of negligence.
Loveall Jr. asserts that he was hired by defendants on or about Feb. 18, 2015, to work a job in the Mississippi River fixing the pilings of the ADM Dock in Destrehan. He claims that he was appointed supervisor for the project and was part of the crew on the vessel American 12, which is owned by ADM or ADMC and provided by Nordic and/or AMI. The complaint states that the barge did not have a crane and the plaintiff alleges that this forced him and other crewmen to lift all equipment, including several thousand pounds of cement bags out of the American 12, above their heads and onto the barge.
On or about Feb. 28, 2015, Loveall Jr. claims that he injured his back while lifting equipment from the barge to the ADM platform. He purportedly suffered a herniated disc and had to have a microdiscectomy. Loveall Jr. claims that his injury was a direct result of negligence by the defendants in failing to provide and maintain a proper work environment, recklessly placing plaintiff and other crew members in an unreasonably dangerous situation, intentionally disregarding safety protocols, and failing to provide proper equipment. As a result, Loveall claims to have suffered loss of the ability to work; loss of wages; physical, mental and emotional pain; and medical expenses.
He is suing for all damages to which he is entitled to recover, legal interest from date of judicial demand, all costs of the suit, reasonable attorney fees and all other general and equitable relief. He is represented by Stanwood R. Duval from Duval, Funderburk, Sundberry, Lovell & Watkins in Houma.
U.S. District Court for the Eastern District of Louisiana Case number 2:16-cv-00724