Man helps locked-out neighbor, sues for injury when glass breaks

David Yates Jan. 31, 2008, 6:46am

Helping a friend who had locked herself out of her home, Darren Long attempted to force his way through a sealed window and ended up ramming his hand through the glass.

Long injured himself during the consensual break in and has filed suit against the home's owner, Billie Sue Johnson. Long claims Johnson knowingly had a dangerous condition on her premises and failed to warn him about the "foreseeable and imminent danger" associated with forcing one's self through a sealed window.

Long's suit was filed with the Jefferson County District Court on Jan. 30.

According to his petition, on Sept. 19, 2007, Johnson had locked herself out of her home and had sought Long's aid.

The suit does not give any specifics, but evidently Long agreed to help Johnson and began to forcibly open a window that had been nailed shut.

"(Johnson) was aware of (Long's) attempts to enter the home through a window," the suit said. "(Johnson) was at all times aware that the window was nailed and/or painted shut, making the window a dangerous condition on Defendant's premises."

The suit continues by asserting Johnson "at all times possessed knowledge of the dangerous condition, however failed to warn (Long) of the foreseeable and imminent danger."

"(Long) exerted force on the window in an attempt to open it unknowing it was unable to be opened," the suit said.

"Plaintiff attempted to open the dangerous window for Defendant, and Plaintiff's hand went through the window causing bodily injury to Plaintiff. Plaintiff would hereby show that the conduct and actions of the Defendant stated herein constitute negligence, which was a direct and proximate cause of Plaintiff's injuries."

Long is suing past and future mental anguish, pain, loss of earning capacity, medical expenses, impairment and disfigurement.

He is represented by Anthony Malley III, attorney for the Moore Landrey law firm.

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

Case No. E181-145

More News