Elizabeth Young Feb. 25, 2013, 9:29am

NEW ORLEANS – An Oxford, Miss. man is suing Churchill Downs after falling at the races.

Ronald F. Borne filed suit against Churchill Downs Louisiana Horseracing Company LLC, Churchill Downs Inc. and their insurer in the Orleans Parish Civil District Court.

The suit claims that while attending races on Nov. 26, 2011, Borne fell from a concrete platform due to an indiscernible step. There were no markings, handrails, or change of color to demarcate the step, the suit claims. The fall caused Borne to fracture his right leg, requiring a surgery in which 16 pieces of hardware were inserted into the leg.

The defendant is accused of negligence for failing to keep its premises free from a defect which presented unreasonable risk of harm to patrons, for failing to warn guests and invitees of the defect and for failing to correct or implement corrective measures to prevent injury for the defect.

Damages exceeding $50,000 are sought for medical expenses, physical suffering, loss of function, mental anguish, emotional distress, permanent partial disability and loss of enjoyment of life.

The plaintiff is represented by Thomas Huval of Huval, Veazey, Felder & Renegar LLC.

The case has been assigned to Division M Judge Paulette R. Irons.

Case No. 2012-10794.

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