Louisiana Record

Tuesday, July 16, 2019

City of New Orleans and Entergy sued over uneven pavement

By Andrey Burin | May 1, 2015

NEW ORLEANS – A Georgia man who tripped on uneven New Orleans pavement and was propelled onto a metal rod is suing the City of New Orleans and Entergy, among others, for their alleged negligence in failing to maintain the sidewalk.

Randall Bowers filed suit against City of New Orleans, Entergy Corporation and the Department of Transportation and Development in the Orleans Parish Civil District Court on March 11.

The plaintiff asserts that he was walking down the sidewalk at the corner of St. Charles Avenue and Common Street in New Orleans when the uneven pavement at that location caused the plaintiff to trip and fall onto a rod sticking out of the ground where a light pole previously had been. The plaintiff claims that the defendant had actual or constructive notice of the defect and exhibited negligence in failing to take corrective measures and account for this dangerous condition. The plaintiff claims that as a result of the incident he sustained cervical and lumbar spine injuries, scrapes and bruises and facial wounds and other injuries that required surgery.

The defendant is accused of failing to monitor the sidewalks, properly inspect the sidewalks, creating a hazard by damaging the sidewalk and creating a hazard by removing the light pole.

The plaintiff seeks an unspecified amount in damages for lost wages, pain and suffering, medical expenses and emotional distress.

The plaintiff is represented by attorneys Fred R. DeFrancesch and Tomy J. Acosta of Laplace.

This case has been assigned to Division J Judge Paula A. Brown.

Case no. 2015-02237.

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