Parents of child run over in apartment parking lot sue property owner

Kyle Barnett Nov. 30, 2012, 1:53am

James A. Hatch

GRETNA – The parents of a child who was run over by a vehicle while playing in the parking lot of the apartment complex they inhabited is suing the property owner for damages.

Richard and Jeanne Betbeze, on behalf of their minor daughter, filed suit against Bryan J. Kramer, State Farm Mutual Automobile Insurance Company and Botanica Holdings, LLC in the 24th Judicial District Court on Oct. 17.

The Betbezes claim their daughter was riding her scooter in the parking lot of Botanica Apartments located at 300 St. Ann Drive in Mandeville when a truck driven by Kramer ran her over. The plaintiffs allege that, in addition to Kramer's negligence, the property owner is at fault for the incident due to unmarked pedestrian entrances at the apartment building.

The defendant Kramer is accused of not having his vehicle under control, not maintaining a proper lookout, driving in a careless and reckless manner, driving a an unsafe speed in a parking lot, generally failing to exercise due care, failing to yield and breaching duty of due caution.

The defendant Botanica Holdings, LLC is accused of failing to use reasonable care to keep the parking lot free of defects, failing to properly inspect and design the parking lot and failing to enact proper procedures for safe entering and exiting of pedestrian traffic.

An unspecified amount in damages is sought for medical expenses, physical pain and suffering, loss of function, mental anguish, emotional distress, lost wages and diminished earning capacity, special care and services, loss of enjoyment of life and permanent partial disability.

The Betbeze's are represented by attorney James A. Hatch of Metairie.

The case has been assigned to Division D Judge Robert M. Murphy.

Case no. 720-200.

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