NEW ORLEANS – A guest of the Elmwood Fitness Center claims he slipped and fell off a pool ladder leading to severe injuries to his legs and feet.

Gordon L. Cone filed suit against Ochsner Clinic Foundation and Elmwood Fitness Center in the Orleans Parish Civil District Court on Nov. 21.

On Dec. 23, 2013, the plaintiff was swimming at Elmwood Fitness Center located at 1200 S. Clearview Parkway, Suite 1200 in Harahan. While paddling in the salt water pool Cone attempted to exit from the ladder, where suddenly and without warning, the petitioner allegedly slipped and fell on the top of the “slick and slippery ladder.”

The plaintiff contends he sustained severe personal injuries to his legs and feet as a result of the incident.

The defendant is accused of failing to warn of a hazardous condition, properly inspect the defective ladder, service the defective ladder, provide a secure area for its personnel, properly train its employees to recognize defective equipment and repair the defective ladder.

The plaintiff is seeking an unspecified amount in damages for pain and suffering, mental anguish, disabilities, permanent disfigurement, loss of enjoyment of life, loss of wages and decline in future income.

The petitioner is represented by George B. Recile and Matthew A. Sherman of Chehardy, Sherman, Ellis, Murray, Recile, Griffith, Stakelum & Hayes LLP.

The case has been assigned to Div. D Judge Nakisha Ervin-Knott.

Case no. 2014-11202.

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