Tenant sues after ceiling falls in

Michelle Massey Jul. 16, 2010, 4:20am

Alleging permanent disability, a New Orleans tenant has filed a lawsuit against her landlord after part of her ceiling fell and hit her.

Sherrell Russell filed suit against Housing Authority of New Orleans, Fischer III and Latter and Blum Property Management July 7 in Orleans Parish District Court.

Russell states that she notified the defendant approximately 10 days prior to the falling ceiling that there was a leak in the ceiling and that a large piece had fallen. She claims that the defendants fixed the leak but did not repair the ceiling.

According to the complaint, the ceiling in the kitchen area of Russell's home fell, striking her and allegedly causing her injuries to her spine, in addition to abrasions, bruises and headaches.

The defendants are accused of negligence for failing to repair and correct a "dangerous situation or condition," allowing a dangerous condition to exist and thereby creating a "dangerous trap" for a tenant, failing to provide safe surroundings for tenant, failing to inspect and take positive actions to correct the situation, failing to inspect and maintain the premises, failing to repair the defect, failing to warn of the dangerous condition and for allowing the premises to deteriorate to such a condition to cause injury.

The plaintiff is seeking damages for pain and suffering, residual and permanent disability, emotional upset, distress and mental anguish, medical expenses and interest.

Russell is represented by attorney Michael Rodriguez in New Orleans.

Judge Lloyd J. Medley is assigned to the case.

Case NO. 2010-6982

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