New Orleans resident sues after being hit by street car

By Michelle Massey | Jul 23, 2010

NEW ORLEANS-A New Orleans resident is suing Transit Management after a street car allegedly ran into him while he was walking along the street.

Phillip Kleinman filed suit against Transit Management of Southeast Louisiana on July 14 in Orleans Parish District Court.

The alleged incident occurred in July 2009 when Kleinman was approaching the intersection of St. Charles Avenue and Constantinople Street. Kleinmans says he was hit by an approaching street car and severely injured.

Transit Management is accused of negligence for not properly training its employees in the operation of street cars, failing to provide warning to pedestrians of approaching streetcars, failing to keep a proper lookout, failing to timely and properly apply the brakes of the street car, failing to allow a pedestrian to move out of the way of the street car before proceeding and for disregarding the safety and well-being of others.

The plaintiff is seeking damages for pain and suffering, mental anguish, embarrassment, humiliation, medical expenses, lost wages, lost benefits, loss of opportunity, loss of earning capacity, interest and court costs.

Kleinman is represented by Anthony J. Livaccari Jr. of Livaccari, Villarrubia, and Lemmon in New Orleans.

Judge Michael G. Bagneris is assigned to the case.

Case No. 10-7083

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