NEW ORLEANS – A woman is suing claiming she broke her leg after stepping in a pothole while throwing away trash in a dumpster.
Sherril Stewart filed suit against Harbor Homeowners Association Inc., Harbor View Condominiums, Louisiana Department of Transportation and Development, City of New Orleans and Sewerage and Water Board of New Orleans and their insurer in the Orleans Parish Civil District Court on April 2.
On April 4, 2014, the plaintiff, Stewart, was seeing her mother at Harbor View Condominiums located at 500 Lake Marina Drive in New Orleans. While visiting, the petitioner decided to toss a trash bag in the dumpster behind the condominium.
However, when approaching the dumpster, the plaintiff, suddenly and without warning, allegedly fell in a pothole. The petitioner contends she began to immediately experience a sharp pain in her lower left leg. The plaintiff claims she sustained a closed fracture to her left tibia and fibula, a closed fracture to the shaft of her left tibia, and injuries to her left ankle as a result of the incident.
The defendants are accused of failing to apply the standard of care, failing to warn of a dangerous condition, failing to maintain the premises in a safe condition, failing to properly secure the premises and failing to prevent a dangerous condition from existing on the premises.
The plaintiff is seeking an unspecified amount in damages for pain and suffering, mental agony, loss of enjoyment of life, loss of wages, disabilities, decline in future income and medical expenses.
The petitioner is represented by Robert A. Pearson and J. Ashley Mitchell of Pearson & Mitchell.
The case has been assigned to Div. F Judge Christopher J. Bruno.
Case no. 2015-03147.