Assisted living facility sued by quadriplegic over broken leg

By Kyle Barnett | Aug 27, 2012

Alfred A. Olinde, Jr.

NEW ORLEANS – An Ascension Parish man is suing an assisted living center for injuries he claims to have received.

Jamal Landry filed suit against Commcare Corporation, the D'Ville House Community Care Center and their insurers in the Orleans Parish Civil District Court on July 19.

Landry claims he is paralyzed from the chest down and is wheelchair bound and has been a resident D'Ville House Community Care Center since 2010. The plaintiff alleges that the defendant's employees failed to properly use a lift up machine used to move him from his wheelchair to his bed, causing it to tip over with Landry attached to it. Landry asserts he did not know that the fall resulted in his leg being severely fractured and that the defendant negligently failed to discover the injury or concealed its knowledge of the injury. The plaintiff claims that due to the delay in diagnosis and treatment of the fracture his leg has become severely deformed.

The defendant is accused of failing to properly deploy a bed lift, failing to safely transfer the plaintiff from his bed to his chair, failing to exercise due care and failing to maintain reasonable vigilance.

Damages exceeding $50,000 are being sought for medical expenses, pain and suffering, mental anguish, lost wages, loss of earring capacity and pecuniary damages.

Landry is represented by Alfred A. Olinde, Jr. of New Orleans-based Reasonover and Olinde, LLC.

The case has been assigned to Division H Judge Michael G. Bagneris.

Case no. 2012-07037.

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