Local Subway sued by man who tripped and fell on wheelchair ramp

By Kyle Barnett | Apr 10, 2013


GRETNA – A Jefferson Parish man is suing a fast food restaurant for a head injury he alleges to have received in a fall on a handicapped accessible ramp outside the entrance of the store.

Merrill Townsend filed suit against Nova Casualty Company, AIX Specialty Insurance Company, United Fire & Indemnity Company, M. Christakis Company, Prihmood Patel and Subway Store 5050 West Esplanade Avenue in the 24th Judicial District Court on Feb. 6.

Townsend claims he was a customer at the Subway restaurant located at 505 W. Esplanade Ave. in Metairie in March 2012 when he attempted to navigate a short, narrow and steep ramp upon which he tripped and fell. The plaintiff alleges he struck his head on the ground in the fall and received a severe closed head wound.

The defendant is accused of creating a dangerous ramp, failing to warn and failing to remedy an unreasonably dangerous condition.

An unspecified amount in damages is sought for physical pain and suffering, mental anguish, mental pain and suffering, medical expenses, loss of income, loss of earning capacity, loss of enjoyment of life, embarrassment and humiliation.

Townsend is represented by Mark W. Smith of Metairie-based Mark W. Smith & Associates.

The case has been assigned to Division A Judge Raymond S. Steib Jr.

Case no. 723-641.

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