Kyle Barnett Jul. 16, 2014, 5:34pm


GRETNA – The City of Kenner is being sued by a man who claims he broke his hip and leg after stepping out of his car onto a crumbling curb.

Thomas R. Kimball Sr., and wife Virginia, filed suit against the City of Kenner through its Public Works Department in the 24th Judicial District Court on June 20.

Kimball alleges he parked his car next to a broken curb at his home located at 344 Spartan St. in Kenner and when he stepped out of the vehicle the curb crumbled beneath him and resulted in him falling to the ground and breaking his hip and leg. The plaintiff asserts that prior to the incident he had contacted the City of Kenner’s Department of Public Works, which did not fix the curb until after his injury. Kimball also contends that he cannot have his broken bones treated medically because he is awaiting lung cancer surgery.

The defendant is accused of ignoring the reported vice and defect, failing to remedy the vice and defect, failing to inspect the premises, failing to act upon notice of the vice and defect, failing to maintain the premises in safe condition and failing to properly warn of or mark the broken and unstable curb.

An unspecified amount in damages is sought for physical pain and suffering, mental suffering, anxiety, depression, loss of hope, loss of mobility, loss of enjoyment of life and medical expenses.

Kimball is represented by attorney Wayne M. LeBlanc of Metairie.

The case has been assigned to Division M Judge Henry G. Sullivan Jr.

Case no. 739-664.

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