Judge takes evidence under advisement before liability case ruling

By Alejandro de los Rios | Jun 7, 2010


Judge Robin Giarusso is taking evidence from both sides in a liability suit against the Omni Royal Hotel before pronouncing judgment in Orleans Parish Civil District Court.

The two day bench trial in which Edgar Jimenez is suing the Omni Royal for negligently leaving a manhole uncovered in which Jimenez fell came to a close June 1 with plaintiff and defense attorney's submitting exhibits to Judge Giarusso for consideration.

The Omni Royal Hotel engineering staff allegedly left a manhole uncovered and unmarked and Jiminez fell into it and sustained injuries to his legs and back.

New Orleans attorney David Dalia is representing Jiminez.

New Orlean attorney Eric Nowak is representing Omni Royal.

The suit asks for damages in excess of $75,000 for medical expenses caused by the accident, which sent Jiminez to the Louisiana State Health Sciences Center Emergency Room.

The defense claims that Jiminez's claims are "fraudulent" and that he "witnessed a manhole cover being removed" and "purposely" walked into it and faked his injuries.

Jiminez has admitted to having had a pre-existing back condition before the accident took place. Both the plaintiff and defense attorneys submitted exhibits that were mostly Jimenez's medical records.

Judge Giarusso is expected to make a ruling on this case within 30 days.

Orleans Parish Case 2006-11730

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