Mobile home park sued after resident trips in hole

Michelle Keahey Jul. 23, 2012, 6:33am

NEW ORLEANS - A Saint Bernard Parish mobile home park is being sued by a resident after he tripped in a hole and fell.

James Garner filed suit against Richards Mobile Home Park and Brad J. Antie in St. Bernard Parish District Court. The defendant later removed the case to federal court in New Orleans on June 29.

The alleged incident occurred on Feb. 12, 2011 as Garner was walking to his trailer in Richard's Mobile Home Park located in Saint Bernard. Garner states that his foot slipped in a hole that had formed as a result of excavation and traffic.

The defendants are accused of negligence for failing to restrict the access to the unreasonably dangerous hole in the ground, failing to have adequate outside lighting to illuminate the walkways and the hole, and for failing to properly fill the hole despite actual and constructive notice of the presence.

The plaintiff is asking the court for an award of damages for pain and suffering, disability, mental anguish, lost earnings, loss of earning capacity, medical expenses, interest and court costs.

Garner is represented by William R. Mustain III of Stanga & Mustain in Metairie.

U.S. District Judge Kurt D. Engelhardt is assigned to the case.

Case No. 2:12-cv-01701

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