Riverview Condominiums sued after woman falls from second floor

By Catherine Melancon | Nov 6, 2012

David Abboud Thomas

BATON ROUGE – A Baton Rouge woman is suing a condominium complex after she allegedly fell off the second floor balcony.

Victoria Camille Tyler filed suit against Riverview Condominium Association, Inc., Riverview Holdings, LLC, Riverview Holdings No.2, LLC, Watco Construction, Inc., KW Development, LLC, Scott Fence, USA, LLC, Excel Real Estate Management, LLC, Porcelen Limited, Connecticut, LLC, Louis B. Roth, III, United Fire and Casualty Company, Scottsdale Insurance Company and Hartford Accident and Indemnity Insurance Company, in the 19th Judicial Court on Oct. 18.

The plaintiff claims she and friends were visiting defendant, Louis B. Roth, III on Oct. 30, 2011 at Riverview Condominiums located at 2045 N. 3rd St. Tyler asserts she leaned against the railing on the second floor balcony, and it suddenly became detached from the adjoining walls of the balcony and she fell to the ground causing severe injuries including a fractured spine.

The defendants Riverview Condominium Association, Inc., Riverview Holdings, LLC, Riverview Holdings No. 2, LLC, KW Development, Inc., Excel Real Estate Management, LLC. And Roth are accused of failing to perform reasonable inspection, failing to repair defects in the railing, failing to warn the plaintiff of the defective railing, allowing a hazardous condition to exist in defendants' custody and control and failing to act with reasonable care.

Warto Construction, Inc. and Scott Fence USA, LLC are accused of failing to properly construct the condominium and/or installing the railing in accordance with proper specifications and recognized standards of safe construction, allowing a defect in the construction of the condominium, negligent construction, failing to warn the balcony railing was improperly constructed, secured and reasonably dangerous and faulty workmanship.

Porcelen Limited, Connecticut, LLC and its employees are accused of defectively designing the product, having an alternative design available to the manufacturer that would have allegedly prevented the injury and failing to exercise reasonable care to provide adequate warning regarding its product's unreasonably dangerous condition.

An unspecified amount in damages is sought for pain and suffering, mental anguish, impairment of function and disability, loss of enjoyment of life, medical and pharmaceutical expenses and lost wages.

The plaintiff is represented by David Abboud Thomas of Walters, Papillion, Thomas, Cullens, LLC.

The case has been assigned to Division F Judge Timothy Kelley.

Case no. 616344.

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