Fuel delivery man sues after wasp attack

Kelly Holleran Jun. 26, 2012, 4:50am

A Baton Rouge man claims he sustained serious wrist and hand injuries after a group of wasps attacked him, causing him to fall into a deep storage container as he was working.

DeMeatris Davis filed a lawsuit June 14 in Jefferson County District Court against Thomas Fuels, Lubricants and Chemicals and C.L. Thomas.

In his complaint, Davis claims he was working at a job that delivered fuels to different sites. As part of his job, Davis was required to unload fuel from customers' large storage containers into his truck, then transport the fuel to another location, according to the complaint.

While working on Nov. 8, 2011, Davis went back to a customer's storage container to make sure it had been emptied. Suddenly, without warning, a slew of wasps from a nearby tree began attacking Davis, the complaint says.

Davis, who has a life-threatening allergy to the bees, claims he was trying to escape when he fell from the truck headfirst into the empty storage container.

"In order to avoid impact to his head, Plaintiff attempted to break his fall with his right hand," the suit states.

Instead, Davis suffered severe injuries to his hand and wrist, which required immediate surgical attention, according to the complaint. He also experienced physical pain and mental anguish, incurred medical costs, suffered physical impairment, lost wages and his earning capacity and sustained disfigurement because of his fall, the suit states.

He blames Thomas Fuels, Lubricants and Chemicals for causing his fall, saying it negligently failed to train him on how to safely remove fuel, failed to provide him with written instructions on safely removing the fuel, failed to provide him with safety training, sent him on the job alone after only one training session and failed to provide him with adequate staffing.

In his complaint, Davis is seeking an unspecified judgment, plus costs, pre- and post-judgment interest at the maximum legal rate and other relief the court deems just.

Donald S. Worley of McDonald Worley in Houston will be representing him.

Judge Milton Shuffield, 136th District Court, has been assigned to the case.

Case No. D192-565

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