Missing banister leads to suit after fall

David Yates Oct. 3, 2007, 11:38am

Michael Lindsay

Charles McCray is suing Newberry Properties, Ltd. for "failing to replace a banister within a reasonable time." McCray was injured when he fell off some steps adjoining the absent banister.

McCray's personal injury lawsuit was filed in the Jefferson County District Court on Oct. 2.

According to the plaintiff's original petition, Newberry Properties had removed a rotten banister on the steps leading outside its property, located at 1920 N. 21st Street, Nederland, Texas. On July 14, 2007, McCray was on the property when he fell off the steps "due to the non-repair or replacement of the banister."

"On the date McCray was injured, a dangerous condition existed on the Defendant's premises which was the proximate cause of the injuries, specifically the banister to the steps on the outside of the residence was taken out and not repaired nor replaced," the suit said.

"Defendant had actual or constructive knowledge of the condition just described on Defendant's premises as Defendant had removed the banister."

The suit alleges the defendant committed the following "negligent, careless or reckless acts:"
- Defendant failed to repair or replace the banister within a reasonable time;
- Defendant failed to provide necessary and proper procedures;
- Defendant failed to properly maintain and inspect said banister;
- Defendant failed to use due care to test and/or inspect the banister or the component parts thereof to determine its durability and function ability for the purpose for which it was intended;
- And Defendant failed to warn McCray of the unsafe condition.

In his suit, McCray says he injured his neck and back when he fell.

He is suing for past and future medical expenses, physical pain and mental anguish.

McCray is represented by Michael Lindsay of the Lindsay & Morgan law firm.

Judge Gary Sanderson, 60th Judicial District, will preside over the case.

Case No. B180-448

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