Orr v. Le Bayou Restaurant and Oyster Bar

Case Background

Harold Orr filed a personal injury lawsuit against Le Bayou Restaurant and Oyster Bar for negligence after a trip and fall incident. The lawsuit was filed in the Louisiana District Court, Orleans Parish with Judge Omar K. Mason presiding. [Case number: 21-4962]

Cause

Harold Orr, 71, visited Bourbon Street in New Orleans on June 13, 2020, the first day of Phase Two COVID-19 reopening. He and his daughter were looking for a place to eat when she noticed Le Bayou Restaurant and Oyster Bar, known for its balcony seating. The restaurant, located at 503 Bourbon Street, is owned by Ammari of Louisiana.

They had dinner on the balcony and finished their meal by 7:30 p.m. As they headed downstairs, Orr, who was wearing dark sunglasses, tripped over a threshold inside the dining area. He fell forward, hitting his head on a table. His leg also struck a landscaping brick, which the restaurant used as a doorstop.

Injury

The fall left Orr with a severe injury to his lower leg, described as a “maiming” wound. He suffered a gruesome ten-inch gash and also had a cut on his head.

That night, doctors treated him in the emergency room. He then spent the next few days recovering in his hotel room. After returning home, he continued to experience pain and numbness in his leg. Doctors later linked these symptoms to a nerve injury.

Damages

Orr claimed that his injury, caused by the restaurant’s negligence, took away his active lifestyle. If he won the case, he sought non-economic damages in seven categories. As the case went to the jury, Orr requested a $2,000,000 award.

Key Arguments and Proceedings

Legal Representation

  • Plaintiff(s): Harold Orr
    • Counsel for Plaintiff(s): Matthew G. Rogenes | Ashley M. Liuzza | Chris Liuzza
    • Experts for Plaintiff(s): Dr. Troy Beaucoudray | Jason English
  • Defendant(s): Le Bayou Restaurant and Oyster Bar
    • Counsel for Defendant(s): Joseph G. Glass | Andrew R. Weinstock
    • Experts for Defendant(s): Lee Connell

Claims

Orr sued Le Bayou, claiming the restaurant’s negligence caused his fall. He argued that the 3.5-inch elevation change in the entryway created a tripping hazard. He also criticized the use of a brick as a doorstop.

Defense

Le Bayou denied any wrongdoing and argued that Orr was partly responsible for his fall. The restaurant claimed his dark sunglasses made it harder for him to see the threshold.

Expert Testimony

Dr. Troy Beaucoudray, a neurosurgeon in Metairie, diagnosed Orr with a peroneal nerve injury and confirmed that the damage was permanent. His human factors expert, Jason English, testified that the entryway’s design violated well-known safety standards.

Le Bayou presented architecture and safety expert Lee Connell, who testified that the building complied with all applicable codes and regulations.

Jury Verdict

The trial lasted five days in January 2025 and ended on a Friday. On January 17, 2025, the jury delivered a mixed verdict, finding both Le Bayou and Orr at fault. It assigned 55% of the blame to the restaurant and the remaining 45% to Orr.

The jury then determined damages, awarding Orr $200,000 in general damages. The breakdown included $40,000 for past suffering, $60,000 for future suffering, $20,000 for past emotional distress, and $40,000 for future emotional distress. It also awarded $20,000 for past and future loss of enjoyment of life. However, the jury did not award anything for scarring.

At the time of this report, the court had not entered a final judgment. After accounting for comparative fault, Orr was expected to receive $110,000.

Court Documents:

Documents are available for purchase upon request at jurimatic@exlitem.com