Michelle Keahey Feb. 5, 2013, 12:49pm

NEW ORLEANS - A business guest of a New Orleans hotel claims he slipped and fell in the restroom due to plumbing problem.

Harry Greenberger filed suit against The Sheraton, CS&M Associates and ABC Insurance Co. on Nov. 28 in Orleans Parish District Court. The defendant removed the case to federal court in New Orleans on Jan. 8.

The alleged incident occurred on June 9, 2012 as Greenberger was a business invitee as the Sheraton Hotel located at 500 Canal Street in New Orleans.  He was attempting to use the restroom facilities located on the second floor and slipped and fell.

The defendant is accused of negligence for failing to warn of the hazardous condition in the restroom, failing to correct an otherwise dangerous condition, failing to insure that the plumbing problem in the second floor restroom had been properly repaired, failing to inspect the premises when it knew or should have known of a dangerous condition in the second-floor restroom, and for failing to use reasonable care in the maintenance of its property.

The plaintiff is seeking an award of damages for pain and suffering, mental and physical, physical disability, loss of use of a bodily function, loss of enjoyment of life and the likelihood of future surgical intervention, medical expenses, interest and court costs.

Greenberger is represented by Richard J. Richthofen Jr. of Richthofen & Associates in New Orleans.

U.S. District Judge Ivan L. R. Lemelle is assigned to the case.

Case No. 2:13-cv-00042

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