Apartment complex sued by residents after they allegedly fell from second floor

Catherine Melancon Dec. 3, 2012, 7:00am

BATON ROUGE – A Baton Rouge man and woman are suing their apartment complex after they allegedly were injured on its premises due to the apartment owner's negligence.

Alfred Whitfield and Cassoyna Matthews filed suit against BMW Holdings, LLC, doing business as Rosenwald Apartments and its insurers in the 19th Judicial Court on Nov. 13.

The plaintiffs were standing on their second floor balcony at Rosenwald Apartments located at 1188 Rosenwald Road in Baton Rouge on Oct. 7 when suddenly and without warning, the balcony collapsed. The plaintiffs assert the failed maintenance of the balcony resulted in the collapse and subsequently their serious injuries.

The defendant is accused of failing to keep its premises in a safe condition, failing to warn guests and residents of impending dangers, creating a hazardous condition and negligence.

An unspecified amount in damages is sought for medical expenses, loss of earning, loss of earning capacity, physical pain and suffering, disability, impairment of bodily functions, mental anguish and suffering and loss of consortium.

Whitfield and Matthews also seek for the court to fix the fee for all witnesses they may be required to call.

The plaintiffs are represented by Gail N. McKay of Law Offices of Gail N. McKay.

The case has been assigned to Division O Judge Wilson Fields.

Case no. 616962.

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