Kyle Barnett Mar. 15, 2013, 5:12pm

GRETNA – The family of a man who allegedly received a head injury in a fall and later died at a local hospital is suing.

Ann Bennett and Delbie Dunbar, individually and on behalf of the estate of Jerome Bennett, filed suit against in the 24th Judicial District Court on Jan. 22.

Bennett’s family alleges that he visited the emergency room at Ochsner complaining of lower back and leg pain in Jan. 2012 and he underwent a CT scan that showed no abnormalities within his brain.

The plaintiffs allege that although Bennett was at a high risk of falling he was left alone and a nurse heard a noise in his room and found him on the floor unresponsive.

Bennett’s family asserts that when he was found his pupils were dilated and he was unresponsive and that after another CT scan it was found he had severe bleeding in his brain for which he underwent surgery. The plaintiffs allege that after the surgery Bennett never regained consciousness, was declared brain dead and later died.

The defendant is accused of failing to take proper measures to prevent Bennett from falling, negligence, negligent infliction of emotional distress, intentional infliction of emotional distress and negligently causing and contributing to Bennett’s death.

An unspecified amount in damages is sought for pain and suffering, loss of enjoyment of life, medical expenses, wrongful death and loss of consortium and society.

The plaintiffs are represented by Sidney Torres III of the New Orleans-based Law Offices of Sidney Torres III.

The case has been assigned to Division C Judge June Berry Darensburg.

Case no. 723-096

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