Kelly Holleran Nov. 6, 2008, 12:00pm
A Beaumont man has filed suit against the city of Beaumont, alleging he incurred severe neck and low back pain after he fell into a 10-foot hole.
Darrell Delaney was walking down the street near Ironton and Tyler Street in Beaumont on Nov. 1, 2006, when he fell in the hole, which was three feet in diameter and 10 feet deep, according to the complaint filed Nov. 4 in Jefferson County District Court.
Because of his fall, Delaney incurred medical costs, a loss of earnings and earning capacity, physical impairment, physical pain, mental anguish and disfigurement, the suit states.
He claims the city was negligent because people had complained about the hole before the accident, but the city did nothing about it.
"Plaintiff would show the area in question had a huge hole by the manhole cover," the suit states. "Such excavations and obstructions caused Plaintiff to fall into the hole."
Delaney is seeking unspecified damages, plus prejudgment interest, costs and other relief the court deems just.
Jonathan C. Julian of Beaumont will be representing him.
The case has been assigned to Judge Gary Sanderson, 60th District Court.
Case No. B182-666