Man invokes Jones Act, sues for neck injury

By David Yates | Jul 18, 2007

An Orion Marine project

Elton Moore injured his neck while attempting to load a cement saw unto a trailer.

Claiming his employers were negligent for failing to provide him with a safe place to work, Moore has invoked the Jones Act and filed a personal injury lawsuit against F. Miller Construction and Orion Marine Group Inc. with the Jefferson County District Court on July 16.

According to the plaintiff's original petition, Moore was working for the defendants in Cameron Parish, La. Building a bridge over Black Bayou. "While trying to load a cement saw unto a trailer, Moore injured his neck, back and legs."

"Nothing Moore did or failed to do caused or contributed to the cause of the incident in question," the suit said. "Defendants had the duty to warn of latent hazards, which are hazards not known to plaintiff and which would not be obvious or anticipated by plaintiff in the competent performance of his work."

After the incident, Moore submitted a request to the defendants asking them to provide money for his medical care and lost income, the suit said. "Since the date of Moore's injury, defendants have failed to provide and continues to refuse to provide him with maintenance and cure."

Moore is suing for past and future physical pain, mental anguish, disfigurement, physical impairment, medical expenses, lost wages, plus all court related costs.

He is represented by Kevin Queenan of the Queenan Law Firm.

Presiding over the case is Judge Milton Shuffield, 136th Judicial District.

Case No. D179-669

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