Company failed to supervise space walk, suit claims

By Michelle Massey | Jun 2, 2010

NEW ORLEANS-While browsing the manufactured homes at Clayton Homes in Houma, Gloria Miles let her son play in the space walk and expected the company to supervise him and the other children that were playing.

Miles' son was injured when he fell and broke his arm.

Arguing the company is responsible for her son's injuries, Gloria Miles, on behalf of her minor son Dwayne Turner, filed suit against XL Insurance America and CMH Homes, doing business as Clayton Homes, on April 19 in the Terrebonne Parish District Court. The defendants transferred the case to the federal court in New Orleans on May 21.

Miles states that her son was proceeding with all due care and precaution on the defendant's premises on April 18, 2009, but was injured due to the defendant's negligence.

She claims the defendant failed to supervise the number of children allowed into the space walk or how they were playing. The lack of supervision caused the hazard which resulted in her son breaking his arm, Miles argues.

The defendant is also accused of negligence for failing to provide a safe place for its patrons, failing to warn of the hazard, failing to insure adequate warnings at the site of the fall and other acts of negligence to be shown at trial.

Miles is seeking damages for physical injury and pain, mental pain and suffering, emotional anguish, loss of enjoyment of life, economic loss, and medical bills.

Baton Rouge attorneys Eulis Simien and Mark W. Simien of Simien & Simien are representing Miles.

U.S. District Judge Helen G. Berrigan is assigned to the case.

Case No. 2:10cv01537

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