New Orleans' Sewerage and Water Board and the city are being sued by a woman who stepped into an uncovered manhole on Euterpe Street.

Albertha Herbert claims the sidewalk was in a defective and unreasonably dangerous condition in a suit filed May 16 in Orleans Parish District Court.

Herbert claims the defendants failed to maintain things under their control, failed to warn pedestrians of the defective, unsecured, and/or uncovered manhole, failed to keep the passageway, sidewalk and street safe, and failed to have proper and safe procedures despite the direct knowledge that the uncovered manhole was a dangerous condition.

She is seeking damages for medical expenses, physical pain and suffering, mental anguish, emotional distress, permanent disability, loss of function, loss of enjoyment of life, loss of consortium, service and society, loss of wages, diminished earning capacity, medical bills, interest and court costs.

New Orleans attorney John J. Finckbeiner, Jr. of Finckbeiner & Robin is representing Herbert.

Judge Madeleine M. Landrieu is assigned to the case.

Case No. 10-4486

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