Woman sues housing authority after fall

David Yates Jul. 19, 2007, 6:48am

While strolling through her kitchen, Stacy Johnson claims a loose tile gave way causing her trip and fall. Blaming her spill on the organization that provided her home, Johnson is suing the Beaumont Housing Authority/Tracewood II Apartments.

Johnson's personal injury lawsuit was filed with the Jefferson County District Court on July 17.

"Established in 1941, the Beaumont Housing Authority strives to be responsive to the needs of the community and the people it serves," the organization's Web site said. "In an effort to fulfill the need for decent, safe and sanitary housing, the BHA operates a Public Housing Program, a Section 8 Housing Choice Voucher Program and a Section 8 Moderate Rehabilitation Program. Currently over 1,700 families receive housing assistance annually from BHA."

According to the plaintiff's original petition, on June 7, 2006, Johnson was walking in her kitchen when the tiles gave way, "causing her to fall in between her stove and cabinets. As a result of this incident, Johnson sustained personal injuries to her left hip, left leg, left arm, neck and body in general."

Johnson says in her suit that her injuries were caused by the BHA's carelessness and negligence.

"Defendant controlled the premises in question, and owed plaintiff a duty to inspect and maintain the premises in a reasonable and safe manner," the suit said. "Defendant specifically owed a duty not to create an unreasonably dangerous condition. Defendant was negligent in maintaining the conditions of the premises and had actual and constructive notice of the dangerous condition."

She also blames the BHA for not warning her of the dangerous condition.

"Plaintiff has suffered, and in reasonable probability will continue to suffer in the future, physical pain and suffering, mental anguish, physical disability, reasonable and necessary medical expenses, household services, and loss of the enjoyment of life.

Johnson is also asserting a claim for pre-judgment interest and post-judgment interest "at the highest legal rate allowed by law," the suit said.

She is demanding a jury trial and is represented by attorney Tom Oxford of the Waldman Smallwood law firm.

Judge Donald Floyd, 172nd Judicial District, has been assigned to the case.

Case No. E179-676

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