SHREVEPORT, La. – International Paper Company, the world’s largest pulp and paper company, wants a lawsuit filed against it for a man’s injuries at its DeSoto Parish plant moved to Louisiana federal court.
International Paper, headquartered in Memphis, Tennessee, filed its removal notice February 13 in U.S. District Court for the Western District of Louisiana, Shreveport Division.
The cardboard maker, known for its sustainable products, argues the lawsuit, filed against it in December, belongs in the Western District of Louisiana due to the type and amount of damages plaintiffs Brent and Megan Barclay seek.
The Barclays, residents of Oklahoma, filed their original complaint in the 42nd Judicial District Court, DeSoto Parish.
“Based on the extent of the alleged physical injuries and the type of damages sought, including damages for past and future medical and attendant expenses, physical and mental anguish and emotional suffering, disfigurement, and disability, Barclay’s claims involve an amount in controversy in excess of $75,000.00,” according to International Paper’s six-page removal notice.
According to Brent Barclay’s lawsuit, filed Dec. 31, he was working for his employer, Zachry Group, as a boilermaker at International Paper’s Mansfield Mill on July 2.
He claims he was assigned to work in a “confined space,” where a trolley system and overhead piping were positioned directly above his work area.
“While Mr. Barclay was performing his assigned duties, suddenly and without warning, multiple pipes weighing in excess of 20,000 pounds fell from overhead and struck Mr. Barclay, landing directly on his left knee and left leg,” his six-page complaint states.
“As a result of the falling pipes, Mr. Barclay was pinned beneath the load for a period of at least thirty (30) minutes, during which time he was unable to free himself.”
Barclay alleges he sustained “various injuries,” which have required and will continue to require medical intervention.
He claims the piping that fell on him was rusted, corroded, and structurally compromised.
“The condition of the pipes at the Mansfield Mill was unreasonably dangerous and created an unreasonable risk of harm to Mr. Barclay, and that risk of harm was reasonably foreseeable,” his filing states.
Barclay alleges International Paper knew of the pipes’ “unreasonably dangerous” condition prior to the incident.
“International Paper had a reasonable opportunity to remedy and/or alleviate the unreasonably dangerous condition and/or unreasonable risk of harm presented by the defective, hazardous, and dangerous condition of the pipes, but failed to exercise reasonable care and/or remove the defective pipes from the Mansfield Mill,” his lawsuit states.
Barclay seeks damages for past and future medical expenses, past and future lost wages, past and future lost benefits, past and future pain and suffering, and past and future disability.
Shreveport law firm Cook Yancey King & Galloway is representing International Paper in the lawsuit.
Domengeaux Wright Roy & Edwards LLC in Lafayette is representing Barclay.
