Wrongful death suit filed after tenant found dead in stream at apartment complex

NEW ORLEANS – A mother filed a wrongful death suit after her son’s body was found in a stream running through the property of his apartment complex.

Wynesta Gaston as next of kind and administratrix of Wilbert Richardson Estate filed suit against Oakmont Apartment Complex, Imcc Oakmont LLC, Latter and Blum and their insurers in the Orleans Parish Civil District Court.

The suit states that on Sept. 25, 2012, Richardson resided at Oakmont Apartment Complex on the Westbend Parkway in New Orleans. At the time, the apartment complex had a stream that ran between several buildings and throughout the property.

The creek was allegedly not properly maintained and frequently had algae build up, overgrown grass and shrubbery hang covering the concrete sides of the stream. There were allegedly no warning signs, barriers or gated apparatuses of any kind installed to protect residents or visitors from the inherently dangerous body of water.

On Sept. 25, 2012, Wilbert Richardson was found lifeless floating in the stream. Since this incident, the creek has been filled in and cemented over.

The suit alleges that the accident occurred solely as a result of the negligence of the defendants. The defendants are accused of failing to maintain proper control of their property, failing to exercise reasonable care, failing to warn, failing to act as a prudent person would under the circumstances, and being otherwise negligent.

As a result of the incident, Wilbert Richardson sustained fatal injuries, and his mother, Wynesta Gaston, the plaintiff, has suffered emotional distress, medical expenses, loss of love and affection, funeral expenses and other damages.

The plaintiff is represented by Daryl A. Gray of Gray Law Group of New Orleans.

The case has been assigned to Division F Judge Christopher J. Bruno.

Case no. 2013-9279.