FEMA sued after man falls through floor of trailer

Michelle Massey Nov. 23, 2010, 1:14pm

A New Orleans resident is suing the Federal Emergency Management Agency (FEMA) after falling through the floor of his trailer.

Salvadore Battaglia filed suit on Nov. 15 in federal court in New Orleans.

According to the lawsuit, the incident occurred on June 28, 2007 when Battaglia was walking in his trailer and the floor unexpectedly collapsed causing Battaglia to fall and sustain serious injuries.

FEMA is accused of failing to properly inspect the trailer for dangerous conditions, failing to take prompt and adequate corrective measures and failing to require that it be provided with adequate maintenance and inspection logs of the trailer.

FEMA is also accused of failing to take adequate precautions to prevent risk of injury, exposing Battaglia to an unreasonable risk of harm without providing adequate protection, failing to undertake an adequate inspection of the trailer at all relevant times and failing to provide proper maintenance and proper repair of the trailer.

The plaintiff is seeking damages for physical pain and suffering, mental pain and anguish, medical expenses, permanent residual disability, disfigurement and scarring, interest and court costs.

Battaglia is represented by Salvador E. Gutierrez Jr. and Mary Ann Hand of Gutierrez & Hand in Chalmette. A jury trial is requested.

U.S. District Judge Lance M. Africk is assigned to the case.

Case No. 2:10-cv-04311

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