A Domino's Pizza located in New Orleans is being sued after a customer was hit and injured by a falling door frame.
David Lee, III filed suit against RPM Pizza d/b/a Domino's Pizza and Argonaut Great Central Insurance Co. on April 28 in Orleans Parish District Court. The defendants removed the case to federal court in New Orleans on May 25.
The incident occurred on May 1, 2010 as Lee was in the foyer of the Domino's pizza store.
He states a gust of wind opened the front door to the store and a large and heavy piece of the door frame came loose and fell, hitting Lee in the head and neck.
Lee states that the door, the door frame and the door structure presented an unreasonable risk of harm.
The defendants are accused of negligence for failing to adequately warn, failing to make necessary repairs to the premises, failing to adequately warn by the use of signs or barricades of the inherent danger, failing to adequately inspect the premises, failing to maintain the premises in a safe condition, failing to oversee any entities responsible for maintaining the safety of the store and failing to meet the standard of care.
The plaintiff is seeking damages for medical expenses, physical pain and suffering, mental and emotional pain and suffering, loss of enjoyment of life, physical disability and disfigurement, inconvenience, expenses, interest, court costs and attorney fees.
Lee is represented by New Orleans attorney David J. Mitchell and Frank J. D'Amico, Jr.
U.S. District Judge Helen G. Berrigan is assigned to the case.
Case No. 2:11-cv-01244