Pizzeria sued after man falls out of wheelchair in parking lot

Kyle Barnett Jun. 13, 2012, 3:34pm

GRETNA – A Jefferson Parish man is suing a local pizzeria for injuries he allegedly received on their premises.

Joseph T. Gracianette, Sr. filed suit against Rotol's 2125 Vets, LLC, Kostmayer Mortgage Corporation, ABC Construction company and their insurers in the 24th Judicial DIstrict Court on June 7.

Gracianette claims he was being pushed in a wheelchair out of the Rotolo's Pizzeria located at 2125 Veteran's Boulevard in Metairie when his wheels hit a raised portion of concrete causing him to be ejected from his wheelchair. The plaintiff alleges he scraped his buttocks and received extensive damages to his mind and body.

The defendants are accused of failing to properly inspect the premises, being in possession of a dangerous premises, failing to implement inspection policies of its premises and failing to implement protective measures and/or accommodations for disabled patrons under the Americans with Disabilities Act.

An unspecified amount in damages is sought for personal injuries, medical expenses and damages to the plaintiff's mind and body.

Gracianette is represented by Metairie-based attorney Mark D. Kuss.

The case has been assigned to Division H Judge Glenn B. Ansardi.

Case number 715-687.

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