A Galveston County resident is suing over claims of negligence and gross negligence after sustaining an injury while working.

Joseph Incalcaterra filed a lawsuit March 14 in the Galveston Division of the U.S. District Court for the Southern District of Texas, against Brenntag Southwest Inc. and Chem Carriers Towing LLC, citing negligence and gross negligence.

The complaint states on Jan. 20 the plaintiff was employed by SGS Petroleum Service Corp. as a tankerman and was working at Brenntag’s plant in Channelview. During the course of his work, the plaintiff states he was required to board a barge owned Chem Carriers.

The complaint says while the plaintiff was carrying two fire extinguishers down Brenntag’s gangway to board the Chem Carriers barge, the gangway suddenly flipped, causing Incalcaterra to fall onto the barge and sustain injury.

According the lawsuit, Brenntag failed to secure the gangway to the barge and Chem Carriers failed to provide a safe means of ingress and egress from its vessel, failed to ensure the gangway was secured to its barge and failed to moor the barge properly, according to the complaint.

Incalcaterra is seeking an compensatory damages, punitive damages, costs and fees.

The plaintiff is represented in the case by Anthony G. Buzbee of The Buzbee Law Firm in Galveston.

United States District Court for the Southern District of Texas Case No. 3:14-cv-00088.

This is a report on a civil lawsuit filed in the United States District Court for the Southern District of Texas. The details in this report come from an original complaint filed by a plaintiff. Please note, a complaint represents an accusation by a private individual, not the government. It is not an indication of guilt, and it only represents one side of the story.

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