Restaurant sued after air conditioning unit allegedly falls on patron's head

NEW ORLEANS – A restaurant patron is suing for alleged severe injuries after an air conditioning unit fell and struck him on the head.

Gary Folks filed suit against Telamar Restaurant LLC, Ana Elizabeth Oviedo, Clovis Simmons, two unknown employees and their insurer in the Orleans Parish Civil District Court on Nov. 25, 2014.

On Sept. 11, 2014, the petitioner, Gary Folks, was a patron at Restaurante Telamar, located at 2901 Tulane Ave. in New Orleans. The petitioner was then escorted to a table on the outside wall of the restaurant, where suddenly and without warning, an air conditioning unit toppled from the ceiling, striking the plaintiff on the top of his head.

The defendants are accused of failing to warn of a dangerous condition, maintain a safe environment in the restaurant, securely install the air conditioning unit, repair the air conditioning unit, properly examine the air conditioning unit, use reasonable care, and remove a defective air conditioning unit.

In addition, the plaintiff alleges the owners of Telamar, Oviedo and Simmons, are responsible for not installing or servicing the air conditioning unit leading to the severe injuries incurred by the petitioner.

The plaintiff is seeking an unspecified amount in damages for pain and suffering, medical expenses and loss of wages.

The petitioner is represented by Irvy E. Cossé III and Alexander K. Dimitry of the Cossé Law Firm LLC.

The case has been assigned to Div. L Chief Judge Kern A. Reese.

Case no. 2014-11299.