Vol. 58 No. 5

Trial Magazine

Verdicts & Settlements: Premises Liability

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Failure to warn of hazardous condition in restaurant

May 2022

As Oris LaTour, 61, walked between two tables at Steamboat Bill’s restaurant, he tripped and fell on an elevated concrete ledge in the middle of the floor, which was the same color as the ledge. LaTour suffered a herniated disk at L5-S1 resulting in radiculopathy and continued pain. His medical expenses were approximately $90,100.

LaTour sued the restaurant, alleging failure to maintain the premises in a safe condition and failure to warn of a hazardous condition. The defense argued that the plaintiff failed to ensure he had a clear pathway.

The jury awarded more than $758,100, finding the plaintiff 20% at fault.

Citation: LaTour v. Steamboat’s L.L.C., No. 2018-002601-F (La. Dist. Ct. Calcasieu Parish July 2, 2021).

Plaintiff counsel: AAJ member Jordan Z. Taylor, David H. Hanchey, and Jackson Brown, all of Lake Charles, La.

Plaintiff experts: Aaron Wolfson, vocational rehabilitation, Metairie, La.; James Barkus, economics, New Orleans; and Jason English, safety engineering, College Station, Texas.

Defense experts: Neil Romero, orthopedics, Lafayette, La.; and Douglas Bernard, orthopedics, New Iberia, La.