Homeowners sued after tree limb allegedly falls on, injures neighbor

GRETNA – The owners of a Gretna home are being sued after one of their neighbors was allegedly injured when a tree branch fell on him during a thunderstorm.

Luther Lethem, and wife Amy, filed suit against Lori Ann Sullwood, as independent administrator of the succession and heir to the estate of Joyce Holmes Emmons, Michael C. Emmons, as heir to the estate of Joyce Holmes Emmons, and Susan Lyn Ford, as heir to the estate of Joyce Holmes Emmons, and their insurer  in the 24th Judicial District Court on April 10.

Lethem claims on April 14, 2013, a large branch from the property owned by the defendants located at 3016 Hero Drive in Gretna fell on him during a thunderstorm. The plaintiff alleges that prior to the incident he had warned the property owners that the tree the branch fell from was rotten and causing damage to his property.

In addition, Lethem asserts the defendants illegally trespassed on his property, stole his newspaper on numerous occasions, verbally assaulted him and made false accusations to police about him vandalizing their car.

The defendant is accused of failing to properly maintain the premises, failing to fix necessary items, allowing a hazard to exist on the property, failing to alleviate a hazardous condition, failing to warn of the hazard, violating applicable laws, trespassing, stealing his newspaper and threatening and verbally assaulting him.

An unspecified amount in damages is sought for pain and suffering, mental anguish, anxiety, emotional pain, medical expenses and cost of bringing the suit.

Lethem is represented by attorney Daniel W. Dilzell of New Orleans.

The case has been assigned to Division L Judge Donald A. Rowan Jr.

Case no. 737-311.