Man sues for $1.45 million after falling out of bathtub at Best Western

Michelle Keahey Jun. 22, 2011, 3:19am


A Mississippi resident has filed a personal injury lawsuit for more than $1.45 million after he slipped and fell out of a bathtub at a Harvey hotel.

Terry Carson filed suit against Thomas Jefferson Construction Corp. d/b/a Best Western Westbank and Praetorian Insurance Co. on June 15 in federal court in New Orleans.

The alleged incident occurred on June 26, 2010. Carson claims he was attempting to turn around in the shower, when he slipped and fell out of the tub.

"He was unable to prevent himself from falling because the tub did not contain a non-slip surface nor did it have properly installed hand grips," the lawsuit states.

The defendants are accused of negligence for failing to adequately design and maintain a non-slip surface in the bathtub, failing to install proper hand grabs, failing to inspect the premises under the circumstances and failing to warn of the dangerous condition.

The plaintiff is seeking more than $1.45 million in damages for mental and physical pain and suffering, mental anguish, emotional distress, impairment of the ability to enjoy life's pleasures, medical expenses, loss of earning capacity, loss of wages and court costs.

Carson is represented by New Orleans attorney Laurence Cohen. A jury trial is requested.

U.S. District Judge Martin L. C. Feldman is assigned to the case.

Case No. 2:11-cv-01409

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