ALEXANDRIA, Ky. - One of the 13 victims of the January Cincinnati casino collapse is set to file a lawsuit claiming negligence.
"I want someone to be accountable for this," said James Lancaster.
Lancaster broke two bones in his back when he fell more than 30 feet after a deck collapsed during construction. He was pouring concrete when a beam gave way causing the floor to fall from under him.
"I've never experienced anything like that in my life, it was ugly," he said.
Lancaster is being represented by attorney Eric Deters. Deters says this will be the first lawsuit filed in regard to the casino accident.
Deters plans to challenge a waiver Messer Construction received from the Ohio Bureau of Worker's Compensation protecting them from liability for injuries to subcontractors like Lancaster.
Lancaster says he was forced to stay in his bed for three months after the accident. He then wore a back brace as he worked to get his strength back. He now works part-time for Jostin Concrete Construction and says it's getting harder to make ends meet.
"I'm not the same man I was before I got hurt, there is no doubt about that," said Lancaster.
Messer Construction says they do not comment on pending litigation or lawsuits.