NEW ORLEANS - A Jefferson Parish man has filed a lawsuit against his realtor claiming that he was not warned about the unsafe conditions of a property he visited after he tripped on a deck.

David H. Regenbogen filed suit against United States of America d/b/a U.S. Dept. Of Housing and Urban Development, Action Realty Inc. d/b/a Century 21 Action Realty, ABC Insurance Co., Shawn Thomas, GBS Properties d/b/a Gardner Co., Daniel N. Lea, XYZ Corp., and GHI Insurance Co. on Nov. 1 in federal court in New Orleans.

The alleged incident occurred on Nov. 2, 2012 while Realtor Daniel N. Lea was showing Regenbogen property located in Metairie. Regenbogen states he slipped and fell due to a coating on the surface of the deck which caused it to be slippery.

The defendants are accused of negligence for failing to respond to unsafe conditions and allowing the existence of unsafe conditions upon the property, not properly maintaining the property, negligent supervision and/or maintenance of the property and its component parts, failing to warn visitors, guests and/or invitees about deficiencies and hazards in the property, failing to warn petitioner of the existence of the hazard, failing to provide safe and/or adequate means of ingress or egress to the property and for not timely correcting and/or fixing the hazard.

The plaintiff is seeking an award of damages for mental pain and suffering, physical pain and suffering, medical expenses, inconvenience, loss of enjoyment of life, lost wages, loss of earning capacity, permanent disability, interest, and court costs.

Regenbogen is represented by Anthony D. Irpino, K. Adam Avin, and J. Benjamin Avin of Irpino Law Firm in New Orleans.

U.S. District Judge Eldon E. Fallon is assigned to the case.

Case No. 2:13-cv-06311

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