Body shop sued after tire allegedly rolls out of van onto customer

By Kyle Barnett | Nov 7, 2013

GRETNA – An auto body shop is being sued by a woman who claims she was injured when a tire fell on her as she opened the door of her van after picking it up from being repaired.

Dale Durio filed suit against Lam-King LLC and Calamari Trim Shop LLC in the 24th Judicial District Court on Oct. 7.

Durio claims she contracted Lam-King to provide auto body repairs to her 2003 Oldsmobile van and that the vehicle was sent to Calamari Trim Shop for some of the repairs. The plaintiff asserts that when she received the vehicle after it had been repaired she opened the van’s back door and a large tire rolled out and fell on her. Durio alleges that she received serious and disabling injuries to her knee, back and neck in the incident.

The defendant is accused of failing to place the tire back into a safe and secure location, dangerously propping the tire against the door of the van so it would have a tendency to roll out and failing to warn petitioner of the danger of placing the tire in the back of the van.

An unspecified amount in damages is sought for pain and suffering, disability, mental anguish, lost earnings and loss of earning capacity.

Durio is represented by attorney William R. Mustain III of Metairie.

The case has been assigned to Division O Judge Ross P. LaDart.

Case no. 731-864.

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