Improper payphone removal blamed for fall

Andrea Dearden Sep. 7, 2010, 6:23am

An Orleans Parish woman has filed a lawsuit after allegedly tripping over metal rods left behind after a payphone was removed.

Cheryl Bailey filed the suit against Ely Edwards Enterprises Inc., Legacy Inc., Bellsouth Advertising & Publishing, Bellsouth Telecommunications Inc. and American Telephone and Telegraph on Aug. 27 in Orleans Parish District Court.

Bailey claims she was walking in the 4200 block of South Carrollton Avenue in September 2009 when she tripped and fell over metal rods she says were protruding from the sidewalk. Bailey says the rods were on property owned and maintained by Ely Edwards Enterprises. She says they were left behind after a public payphone was removed by Bellsouth, American Telephone and Telegraph or Legacy.

Bailey says she injured her ankles, knees and back in the fall. She accuses the defendants of negligence for improperly removing the payphone and for failing to warn of the danger.

Bailey is seeking damages for physical and mental pain and suffering along with medical costs.

Attorneys William E. Mura Jr. and Warren A. Forstall Jr. of New Orleans are representing Bailey. They have requested a jury trial.

Orleans Parish District Court Case No. 10-8943

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