Improperly installed gate injures child, suit alleges

David Yates Sep. 8, 2008, 10:36am

More than two years ago, a gate at the Cedarridge Apartments allegedly became unhinged and landed on a child.

On behalf of her minor daughter, KaSandra filed a suit against the apartment complex, Itex Property Management and Meyer Smith Inc. in the Jefferson County District Court on Sept. 4.

Court documents claim that on Sept. 1, 2006, the minor was injured when a gate fell on her at the Cedarridge Apartments, located at 7601 9th Avenue in Port Arthur. Itex owned the property and Meyer Smith Inc. is accused of failing to properly install the gate.

"(The minor plaintiff) suffered bodily injury as a direct result of the gate falling and hitting her, which was proximately caused by the dangerous condition of Cedarridge's gate, which its agents, servants, and/or employees and Itex knew of or, in the exercise of ordinary care, should have known existed," the suit says.

"Ceddarridge and Itex negligently allowed the gate to become loose and dangerous, negligently or willfully permitted such condition to exist, and negligently or willfully failed to warn of the condition of the gate."

The plaintiffs are suing for mental anguish, pain and medical expenses, plus all court costs.

They are represented by attorney Roger Merrill of Merrill & Associates.

The case has been assigned to Judge Milton Shuffield of the 136th Judicial District.

Case No. D182-348

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