Lawn mower sues property owners after stepping in hole

Andrea Dearden Oct. 14, 2010, 1:49pm

A St. Bernard Parish man says a New Orleans property owner is liable for injuries he allegedly suffered when he stepped in a hole while mowing the grass.

Ivy Falgout III filed a lawsuit against DGKM Development and its employee Melanie Gonzales on Sept. 30 in Orleans Parish District Court.

According to the petition, DGKM Development owned and maintained property on Royal Street in New Orleans. Falgout says he was hired by Gonzales to mow the lawn at the Royal Street property, along with several other sites owned by DGKM.

In October 2009, Falgout says he was cutting the grass at the Royal Street property when he unexpectedly stepped into a hole in the lawn and seriously injured his ankle.

Falgout contends his injuries are a direct result of negligence. He says DGKM and Gonzales failed to take precautions to avoid his injury, failed to warn him about the hole or direct him away from it.

Also named in the suit is Scottsdale Insurance Co., the company that insures the Royal Street property against liabilities.

Falgout is asking for unspecified damages as compensation for for his injuries, medical expenses, pain, mental anguish, court cost, interest and fees.

J. Wayne Mumphrey and Clayon M. Connors of the Mumphrey Law Firm in Slidell is representing Falgout.

Orleans Parish District Court Case No. 10-10088.

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