In a recent court filing, Floyd Thomassie has lodged a complaint against Southern Heritage Construction, LLC, River Rental Tools, Inc., and other associated parties. The case was filed in the Court of Appeal for the Fourth Circuit of Louisiana on May 15, 2024.
Floyd Thomassie alleges that he suffered severe injuries due to electrocution while working at a construction site managed by Southern Heritage Construction and leased by River Rental Tools. According to the complaint, Thomassie was employed by A-1 Steel Erectors, Inc., which was subcontracted by Southern Heritage to complete renovation work on a property in Belle Chasse, Louisiana. On August 29, 2019, Thomassie was electrocuted and fell from a height of fifteen feet while attempting to move an electrical junction box that had not been properly de-energized.
Thomassie's lawsuit claims that River Rental Tools had an implicit duty to ensure electrical safety at the job site but failed to hire an electrical contractor or follow its own internal safety policies. The plaintiff argues that River Rental retained operational control over the site and should have taken steps to prevent such accidents. The district court initially dismissed Thomassie's claim against River Rental on summary judgment, stating there was no evidence under any theory of liability holding the property owner responsible for the injuries sustained.
However, upon appeal, the Court of Appeal disagreed with this ruling. The appellate court found that there were genuine issues of material fact regarding whether River Rental had retained operational control over electrical work at the site and whether it failed to adhere to its own safety protocols. These factors could potentially establish liability on the part of River Rental for Thomassie's injuries.
Thomassie is seeking compensation for his extensive medical expenses and ongoing pain and suffering resulting from multiple surgeries required due to his injuries. He also contends that his ability to walk has been severely compromised, limiting him to using a scooter for mobility around his home.
The case has been reversed and remanded for further proceedings in accordance with this decision. Representing Thomassie are attorneys Leo J. Palazzo, Jason J. Markey, Mario A. Arteaga Jr., Davin R. Savoy from Palazzo Law Firm APLC; Scott Allen Decker from The Law Offices of Scott A. Decker LLC; and James F. Kreihs as counsel for plaintiff/appellant. Defending River Rental Tools is Michael S. Futrell from Connick and Connick LLC.
Judge Roland L. Belsome presided over the appeal with Chief Judge Terri F. Love and Judge Dale N. Atkins concurring in the result under Case ID No: 2023-CA-0749.