Eliza Walker Oct. 30, 2013, 4:37pm

NEW ORLEANS – A man who was struck on the top of a head by a broken section of iron balcony last Mardi Gras filed suit against the owners of the building.

Dominique Robertson filed suit against Nova Aurelia Holdings LLC and Diamond Bourbon Inc. in the Orleans Parish Civil District Court.

Robertson, a Tulane University football player who claims he has suffered multiple concussions in the past, claims that the incident caused him to suffer another injury, which jeopardizes his future career and possibly caused traumatic brain injury, according to the complaint.

The plaintiff claims that on Feb. 9, at approximately 1 a.m. he was walking with friends on Bourbon Street in New Orleans, when he was suddenly struck on the top of the head by a large, broken section of iron balcony, which had fallen from the second story of 409 Bourbon Street.

The blow to the plaintiff’s head left him disoriented, the suit says. His friends called police to the scene and prepared a report of the incident.

A subsequent investigation by the New Orleans Police Department allegedly revealed that the section which struck the plaintiff, as well as the two adjacent sections, were so severely rusted that they posed an evident and inevitable danger to passerby below, the suit claims.

The defendant is accused breaching its duty to ensure that the structure at 409 Bourbon did not pose an unreasonable risk of harm, and caused the plaintiff’s injuries by negligently allowing the condition of the property to deteriorate.

The plaintiff seeks an unspecified amount in damages for past, present, and future medical expenses, doctor’s visits, therapy, medication, surgery, pain and suffering, psychological distress, aggravation of plaintiff’s pre-existing injuries, loss of enjoyment of life, diminished ability to perform as a football player and potential lost income and opportunities as a professional football player.

The plaintiff is represented by Gregory P. Nichols of the Law Office of Gregory P. Nichols LLC of New Orleans.

The case has been assigned to Division L Judge Kern A. Reese.

Case no. 2013-8008.

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