Apartment owners sued by tenant who claims she was injured, disabled in fall in bathtub

GRETNA – The owners and operators of an apartment complex are being sued by a resident who claims she received disabling injuries when a “grab bar” in the bathtub failed, causing her to fall.

Mary Ziegler and Joseph Massaro filed suit against Woodlake Phase I Apartments LLC, Tonti Management, Edie Harris and their insurers in the 24th Judicial District Court on March 26.

Ziegler alleges on the morning of Feb. 15, 2014 she was taking a bath in a deep bathtub located at a home she shared with Massaro located at 121 W. Esplanade Ave., Apt. H in Kenner that is owned by Woodlake Phase I Apartments LLC. The plaintiff contends she grabbed a bar built into the tub to help pull herself out of the water when the bar came loose and she fell backwards into the tub. Ziegler asserts she injured her back and rib cage and the fall, but only took aspirin and placed a heating pad on the injuries, but that the pain was still so bad two days later she finally visited the hospital.

Following the incident the plaintiff claims she contacted Harris, the property manager, who told her the bars were meant for hanging washcloths, not for helping people stand up. However, Ziegler maintains the manufacturer instruction on the tub identify the bars as “grab bars.” Harris contends that after she contacted Harris the home was subjected to an unannounced inspection while they were away and when they came back home they at first thought they had been burglarized before they discovered a "notice" at the foot of their front door that described intimate articles found in their home and exposed their private affairs to their neighbors.

The defendant is accused of negligence.

An unspecified amount in damages is sought for medical expenses, lost wages, physical pain and suffering, mental pain and suffering, emotional anguish, loss of enjoyment of life, loss of quality of life, permanent disability and impairment.

The plaintiff are represented by Marith E. Regan Jr. of New Orleans-based Regan & Sandhu PLC.

The case has been assigned to Division H Judge Glenn B. Ansardi.

Case no. 748-100.