Woman who allegedly fell because of cracked sidewalk sues condo association

Kyle Barnett Sep. 11, 2012, 12:18pm

Warren P. McKenna

NEW ORLEANS – A New Orleans condominium association is being sued by a woman who allegedly tripped and fell on a crack in the sidewalk in front of the building.

Diana Monahan filed suit against Carol Condominium Association, Inc. in the Orleans Parish Central District Court on July 24. Monahan claims she was walking with her husband in front of the condo building located at 2100 St. Charles Ave. in New Orleans when she tripped and fell on a crack. The plaintiff claims the defendant had prior notice of the crack and had tried to repair it, but instead made the damage worse. Monahan asserts that she received serious injuries to her foot, lower and upper extremities, a concussion and mental and emotional injuries in the fall.

The defendant is accused of allowing an unreasonably dangerous condition to exist, failing to inspect an unreasonably dangerous condition, failing to warn of a trip hazard, failing to provide a safe place to walk, failing to properly maintain grounds, failing to keep grounds in safe condition, failing to keep premises free of hazard, failing to provide reasonable safe means of travel, failing to inspect the sidewalks, failing to properly repair the sidewalks, violating codes and laws, failing to exercise reasonable care concerning the unreasonably dangerous condition and failing to adequately warn plaintiff of presence of danger.

An unspecified amount in damages is sought for pain and suffering, mental anguish, medical expenses, lost wages, loss of earning capacity and loss of enjoyment of life.

Monahan is represented by Warren P. McKenna of the New Orleans-based The McKenna Law Firm.

The case has been assigned to Division H Judge Michael G. Bagneris.

Case no. 2012-07197.

More News