Dog walker falls from retaining wall, sues apartment complex

Michelle Massey Mar. 3, 2010, 7:58am

MARSHALL - A woman claims the apartment complex where she lives in Tyler could have prevented her fall from a retaining wall if it had installed adequate lighting and no guard rails.

Terese Swords filed suit against Dial Equities, doing business as The Arbors on Chimney Rock, on March 2 in the Marshall Division of the Eastern District of Texas.

According to the complaint, on the evening of Dec. 13, 2008, she was walking her dog through a pedestrian common area on her way to the designated pet region when she fell off an unguarded and unmarked wooden retaining wall. Her leg smashed into a tree stump, breaking it. Swords claims she laid on the ground calling for help for more than half an hour before anyone came to her aid.

The plaintiff believes the area is unreasonably dangerous due to a lack of sufficient lighting and lack of a guard railing. She alleges that the defendant is negligent for failing to maintain the area and for failing to warn of the "hazardous condition."

Seeking more than $75,000 in damages, the plaintiff is seeking damages for physical pain and suffering, anguish, physical impairment, scarring and disfigurement, emotional distress, medical expenses, pre-judgment and post- judgment interest.

The plaintiff is represented by Dallas attorney Gregory Bevel of Rochelle McCullough, L.L.P.

U.S. District Judge T. John Ward will preside over the litigation.

Case No: 2:10cv00071

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