NEW ORLEANS — Crosby Dredging is suing a Mississippi man for failing to disclose past medical injuries during his employment application process.
Crosby Dredging who owns and operates dredging vessels, hired the defendant, Ernest J. Parfait, as a deckhand in November 2020, according to a complaint filed in U.S. District Court for the Eastern District of Louisiana.
Crosby claims during the application process, the defendant denied any prior injuries or medical conditions, particularly related to his back, neck and legs, however, medical records revealed that before joining the plaintiff's company, the defendant had visited the emergency department due to a fall, which showed significant spinal issues.
Crosby claims after being employed, the defendant filed a lawsuit against the plaintiff in Texas, alleging an injury from a fall down stairs, although this incident was not reported to the plaintiff.
In response to the lawsuit, the plaintiff challenged the jurisdiction in Texas, arguing that the defendant had exclusively worked on vessels in Louisiana waters during his employment. Before the court hearing regarding jurisdiction, the defendant withdrew the lawsuit without prejudice.
Before withdrawing the lawsuit, Parfait's counsel demanded payment for maintenance, medical expenses, and future maintenance and cure costs. The action was refiled in Louisiana and Parfair's counsel demanded Crosby pay $76,728.02.
Crosby claims Parfait's medical records indicated severe pain and multiple herniated discs in his spine, conditions not disclosed during his employment application.
Crosby is seeking damages for Parfait's alleged intentional misrepresentation and concealment of his medical facts about his past medical history. It is represented by Joseph E. Lee III, Miles P. Clements and Zachary J. Ardoin of Phelps Dunbar in New Orleans.
U.S. District Court for the Eastern District of Louisiana case number: 2:23-cv-06107