A lawsuit filed in the United States District Court for the Middle District of Louisiana on August 7, 2024, alleges that the negligence of a federal entity has caused severe and lasting injuries to an individual. Amanda Fleming initiated this legal action against the United States of America, claiming that their failure to maintain safe conditions at a national cemetery led to her debilitating fall.
Amanda Fleming, represented by attorney Victor J. Woods Jr., lodged her complaint under the Federal Tort Claims Act (FTCA), citing specific sections 28 U.S.C. §§ 2671-2680. The case was filed following a denial from the United States Department of Veterans Affairs Office of General Counsel on February 8, 2024. The incident in question occurred on October 8, 2021, at the Louisiana National Cemetery in Zachary, Louisiana. Fleming asserts that she fell into an unmarked hole covered with grass near a parking area, resulting in significant physical pain and exacerbation of pre-existing medical conditions.
The complaint details how Fleming was attending funeral services when she stepped into a concealed hole upon exiting her vehicle. This unexpected hazard caused her to fall sideways and twist her body severely. Despite immediate notification to cemetery officials about the dangerous condition, no remedial actions were taken at that time. Fleming argues that either the grass had grown over time to cover the hole or it was intentionally planted over it, indicating negligence on part of the cemetery's maintenance staff.
Fleming's pre-existing back injury was notably worsened by this fall, necessitating urgent medical attention and ongoing treatment from Dr. Kelly Scrantz at the NeuroMedical Center in Baton Rouge. The pain became so severe post-incident that surgery was considered but ultimately deemed too risky due to other health issues. Fleming continues to suffer from extreme pain in her hips and lower extremities as a result of this incident.
The lawsuit accuses the United States of America of multiple acts of negligence including failure to maintain safe high-traffic areas for visitors, inadequate warning signs for potential hazards, and breach of duty to protect invitees from known dangers on their property. These accusations align with specific state laws cited within the complaint.
Fleming seeks various forms of relief from the court: compensation for past and future physical and mental suffering, reimbursement for medical costs incurred due to the injury, coverage for future medical treatments related to her condition, payment of all legal costs associated with bringing this suit forward including expert fees and consultant charges, post-judgment interest, and any additional relief deemed appropriate by the court.
The case is being overseen by Judge John W. deGravelles with Magistrate Judge Scott D. Johnson assisting in proceedings under Case ID: 3:24-cv-00642-JWD-SDJ.