Tenant at Cardinal Square sues after fall

David Yates Dec. 4, 2007, 4:59am

A tenant at Cardinal Square apartments says a protruding metal strip snagged her foot and caused her tumble down a flight of stairs and crash land on a slab of cement.

Evonne Davis has filed a personal-injury lawsuit against Virtu Oakdale Cardinal Associates, claiming the property manager negligently failed to inspect and maintain its premise.

Her suit was filed with the Jefferson County District Court on Nov. 29.

According to Davis' petition, on Aug. 23, 2006, she was walking up the stairs to her apartment "when her foot became caught in a metal strip that was sticking out on the stairs."

"As she attempted to free her foot, she fell backwards down the stairs and landed on the cement," the suit said. "As a result of this incident, plaintiff sustained personal injuries to her left foot, ankle, leg, back and body in general, and had to have a walking cast applied after learning of a fracture to her left foot."

Davis claims Virtu Oakdale was negligent for allowing the condition to exist and "specifically owed a duty (to her) not to create an unreasonably dangerous condition," the suit said.

"Defendant was negligent in maintaining the conditions of the premises and had actual and constructive notice of the dangerous condition that caused plaintiff's injuries. This condition created unreasonable risk of harm, and defendant failed to warn plaintiff of the condition."

Davis is suing for past and future pain, mental anguish, disability, medical expenses and loss of household services and enjoyment of life.

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

Judge Bob Wortham, 58th Judicial District, has been assigned to the case.

Case No. A180-841

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