Laurey Garner, 76, was awarded more than $470, 000 from Entergy of New Orleans, Inc. after breaking both arms as a result of falling on a piece of plywood covering an excavation at an Entergy work site in 2003.
Garner's attorney filed the lawsuit on her behalf in 2004 claiming that Entergy was negligent in not pursuing posting any barricades or warnings around the work site, where the injury occurred. According to the claim, Garner underwent four surgeries costing more than $136,000 in total for her broken arms and other complications after the accident. Garner alleges that the accident and subsequent medical procedures led to scarring, disfigurement, and generally atrophy.
Entergy's attorneys had argued that the high volume of pedestrians walking in the area of the incident, coupled with the lack of other slip and fall injuries, and even lack of other injuries or complaints at the un-barricaded worksite further indicated that the condition was obvious and not unreasonably dangerous.
After many trials, her judge ruled in favor of Garner. The judge found that the plywood covering the pit without barricaded created an unreasonable risk of harm and that there was no reason for why the excavation had not already been fully restored or cemented, before the plaintiff's fall. Entergy is to pay 8 percent of the damages, and Garner's medical costs.
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