Kyle Barnett Aug. 15, 2013, 10:50am

GRETNA – A Metairie man is suing a local municipality after he allegedly broke his leg while sliding into home plate during a recreation league baseball game.

Edward Dargan filed suit against the City of Kenner in the 24th Judicial District Court on June 13.

Dargan claims that he was playing in a baseball league at the Butch Duhe playground, owned and operated by the City of Kenner, when he slid into home plate and broke two bones in his leg. The plaintiff claims he suffered the injury because the base did not move. Dargan asserts that the home plate area was five to six inches off the ground and the batter’s box was uneven, resulting in a dangerous condition.

The defendant is accused of failing to adequately warn the plaintiff of the danger, failing to adequately warn plaintiff through signage of the danger, failing to adequately inspect the premises, failing to maintain the premises in a reasonably safe condition, failing to adequately oversee personnel responsible for maintaining the premises, failing to meet the general standard of care and failing to maintain the home plate area and batter’s box.

An unspecified amount in damages is sought for medical expenses, physical pain and suffering, mental pain and suffering, emotional pain and suffering, loss of enjoyment of life, permanent physical disability, loss of wages, inconvenience, expenses, statutory and legal interest, court costs and attorney fees.

Dargan is represented by attorney David J. Mitchell of New Orleans.

The case has been assigned to Division A Judge Raymond S. Steib Jr.

Case no. 727-929.

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