C. Hunter King

NEW ORLEANS – Winn Dixie is being sued over a trip and fall incident involving a New Orleans woman.

Dizane D. Lee filed suit against Winn-Dixie Montgomery LLC in the Orleans Parish Civil District Court.

Lee claims that on Dec. 11, 2012 she fell over an empty pallet while turning a corner and fell face first.

Winn Dixie is accused of negligence for allegedly failing to keep customers safe while shopping and failing to warn of unsafe conditions.

Unspecified damages are requested for physical and mental pain and suffering, shock and emotional strain as well as lost wages, emergency room bills and medical treatments resulting from injuries sustained.

Lee is represented by Baton Rouge area attorney C. Hunter King.

Case is assigned to Division I Judge Piper D. Griffin.

On Feb. 2, Winn-Dixie filed a motion claiming the Orleans Parish Civil District Court is an improper venue to hear the matter and moved to get the suit dismissed. Winn Dixie claims its primary place of business is Mandeville.

Winn-Dixie is represented by Michael R. Sistrunk of McCranie, Sistrunk, Anzelmo, Hardy, McDaniel & Welch of New Orleans.

Case no. 2013-11425.

NEW ORLEANS – A New Orleans man is suing a Florida-based contractor and one of its employees for injuries he claims were the result of being crushed under a stack of heavy doors.

Gerald G. Barnes filed suit against Florida company Custom Interior Trim LLC and Theodore J. Allen in the Orleans Parish Civil District Court.

Barnes alleges that Custom Interior Trim was working on a home on 1677 Robert Street in New Orleans at the same time he was working for the property owner, William Monaghan, as a self-employed handyman. Both Custom and Allen were hired to install large doors on the property. On Dec. 8, 2013 Barnes alleges that either a Custom employee or Allen asked Barnes to help them move one of the doors. Barnes asserts he went to the stack of doors to assist, but Custom workers lost control of the doors. Barnes claims that Custom and Allen were supposedly hired for their expertise in moving heavy doors, but alleges the doors fell on him, crushing his foot, and another Custom employee.

Custom and Allen are accused of negligence in allowing the doors to fall over and by not moving the doors one at a time.

Unspecified damages requested for medical expenses and loss of income.

Plaintiff is represented by New Orleans area attorney Morris H. Hyman.

Custom filed a notice of removal on Jan. 8, claiming that there is a diversity of citizenship because Barnes is a citizen of Louisiana and Custom and Allen are citizens of Florida. Additionally they claim the amount in the controversy exceeds $75,000 which is above a jurisdictional threshold, therefore removable to a United States District Court.

Custom and Allen are represented by Christopher A. D’Amour of New Orleans.

Case is assigned to Division D Judge Lloyd J. Medley Jr.

Case no. 2013-11535.

NEW ORLEANS – A Sewerage and Water Board employee alleges he was forced to have his left eye permanently removed after being struck in the face by an angry co-worker.  He is suing the worker and a SWB manager for allegedly inciting the altercation.

Derwin Riley filed suit against the Sewerage and Water Board of New Orleans, Wilson Blake and Johnny Washington in the Orleans Parish Civil District Court on Dec. 17, 2013.

On Aug. 29, 2013, the plaintiff claims Johnny Washington, a fellow SWB coworker, involved him in a physical altercation.  Prior to the altercation, Riley reported an unauthorized absence made by Washington to Wilson Blake, their supervisor, the suit claims.  Riley claims Blake purposely provoked Washington to violence by informing him of Riley’s report and Washington struck Riley in the face, causing his left eye to be so severely injured, doctors removed it.

The plaintiff accuses Washington of committing an intentional tort of battery.  The plaintiff claims that under the Louisiana Workers’ Compensation Act, when one employee of an organization commits an international tort of battery against another, the plaintiff may file suit against the organization. The plaintiff accuses Blake of intentionally inciting the international tort of battery by causing Washington to become violently distressed.

Riley seeks unspecified damages for pain and suffering, mental anguish, medical expenses, loss of income, permanent impairment and disability.

Riley is represented by attorney Kenny M. Charbonnet of Metairie.

The case has been assigned to Division F Judge Christopher J. Bruno.

Case no. 2013-11970.

David A. Bowling

NEW ORLEANS – A Florida man is suing the owner of fishing charter vessel for injuries allegedly due to an accident that occurred while fishing in Louisiana waters.

Nicholas Pierce filed suit against Greg Abrams Seafood Inc. in the Orleans Parish Civil District Court on Dec. 6, 2013.

Both Pierce and Greg Abrams Seafood are residents of Bay County, Fla. but were sailing within the territorial limits of Louisiana and Greg Abrams Seafood’s vessel, the Leo B, regularly used Louisiana ports. Pierce claims he was fishing off the coast of Louisiana on May 13, 2012 on the Leo B, when, while pulling in a fish, the fishing line broke and the reel hit him in the head. He fell to the deck hitting his head causing further injuries, the suit claims.

Greg Abrams Seafood is accused of failing to promote and adhere to standard safe practices, failing to provide a safe, properly equipped and seaworthy vessel. They are further accused of being in violation Coast Guard and other safety regulations.

Pierce is suing for damages for pain and suffering, emotional distress, disfigurement, disability, loss of earned wages, medical expense, travel expenses and loss of earning capacity. He is further suing for any compensatory damages plus punitive damages as allowed by maritime law and for maintenance and cure as allowed by maritime law.

The plaintiff is represented by New Orleans area attorneys David A. Bowling of Bowling & McKinney.

Case is assigned to Division G Judge Robin M. Giarrusso.

Case no. 2013-11539.

NEW ORLEANS – The New Orleans Sewerage and Water Board and a construction company are being sued by a local woman who claims she was  severely injured after falling through a faulty drainage grate.

Laquishia Brumfield filed suit against Fleming Construction Company LLC, Gray Insurance Company and the Sewerage and Water Board of New Orleans in the Orleans Parish Civil District Court on Dec. 5, 2013.

Brumfield claims that on Sept. 14, 2013 she was getting out of a car parked on the 3000 block of St. Claude when she stepped on a drainage grate which suddenly cracked and her leg went through the grate and she fell to the ground.

Fleming, who constructed the grate through a contract with the Sewerage and Water Board, is accused of creating an unreasonably dangerous condition to people traversing the area. The suit alleges the drainage grate was defective and negligently installed.

Brumfield is suing for unspecified damages for physical pain and suffering, mental pain and suffering, loss of enjoyment of life, medical expenses, lost wages, loss of earning capacity and residual disability.

The plaintiff is represented by New Orleans area attorney Richard C. Ely.

On Jan. 13, Fleming answered that its insurance company was improperly identified and is actually Amerisure Insurance Company.

The defendants claim the accident was Brumfield’s fault through negligence.

Fleming is represented by James A. Prather of Galloway, Johnson, Tompkins, Burr & Smith of Mandeville.

Case is assigned to Division C Judge Sidney H. Cates IV.

Case no. 2013-11438.

NEW ORLEANS – A local man is suing two elevator companies after the car he was riding in fell and he sustained injuries.

William Roth filed suit against the Schindler Elevator Corporation and the Otis Elevator Company in the Orleans Parish Civil District Court on Dec. 6, 2013.

Roth claims he became a passenger in elevator No. 7 on Dec. 13, 2012 in the Hale Boggs Federal Building at 500 Poydras St. in New Orleans after boarding the car on the third floor and attempting to go to a lower floor. He alleges that the elevator dropped rapidly before coming to an abrupt stop, causing him to fall within the elevator and suffer injuries to his neck, back and upper and lower extremities.

Schindler and Otis are accused of negligence.

Unspecified damages physical pain and suffering, mental anguish and suffering, medical expenses, disability and loss of enjoyment of life.

Plaintiff is represented by Joseph S. Piacun of Gennusa, Piacun, & Ruli of New Orleans.

Case is assigned to Division C Judge Sidney H. Cates IV.
Case no. 2013-11546.

NEW ORLEANS – A subcontractor is suing after allegedly never receiving payment after completing renovations at a Marigny school.

Bernard Brothers LLC filed suit against F.H. Paschen, S.N. Nielsen & Associates LLC, Continental Caualty Company, Safeco Insurance Company of America and Fidelity and Deposit Company of Maryland in the Orleans Parish Civil District Court on Dec. 17, 2013.

Bernard Brothers alleges it was subcontracted by F.H. Paschen, S.N. Nielsen & Associates LLC to work on the renovations at Charles J. Colton School at 2300 St. Claude Avenue in New Orleans. Bernard Brothers asserts it provided certain services, including concrete accessories and reinforcement.

The suit claims that Contintenal Casualty Company, Safeco Insurance Company of America and Fidelity provided a payment bond to F.H. Paschen to be used to pay subcontractors. Bernard Brothers claims it completed their contract at the price of $247,669.22, but have not yet been paid.

The plaintiff is represented by Francis R. White III of Covington.

F.H. Paschen and S.N. Nielsen & Associates LLC is represented by James M. Garner of Sher Garner Cahill Richter of New Orleans.

Case is assigned to Division J Judge Paula A. Brown.

Case no. 2013-11370.

NEW ORLEANS – A New Orleans resident is being sued over an alleged embezzlement scheme that allegedly resulted in the loss of $500,000.

Fatmah Hamdan filed suit against Tarek “Sam” Kahok in the Orleans Parish Civil District Court on Dec. 6, 2013.

Hamdan alleges that Tahok was a manager at Wagner Chef LLC and B-Xpress Louisa LLC, from late 2010 through December 2012, during which time he allegedly embezzled approximately $500,000., the suit claims.

Hamdan claims Kahok had employees leave cash in a paper bag rather than deposit in Brinks safe for pick up. Additionaly, the suit claims Kahok was using payouts to take cash, using money orders to pay salesmen and using money orders to pay his child support and pay girlfriends and women he dated. Hamdan asserts that to cover his alleged embezzlement, Kahok would also falsify daily income reports.

Hamdan is represented by Richard J. Richthofen Jr. of New Orleans-based Richthofen & Associates LLC.

Kahok is represented by attorney Robert G. Harvey Sr. of New Orleans.

The defendant has denied all charges.

Case is assigned to Division J Judge Paula A. Brown.

Case no. 2013-11573.

NEW ORLEANS – A local apartment building owner is being sued for improper security by the daughter of a tenant who was stabbed to death in his apartment.

Daphne Richardson Valteau field suit against The Terraces on Tulane LLC, Latter & Blum Property Mangagement Inc., Latter & Blum Inc., Patriot Protection Agency Inc., Volunteers of America Inc. and Volunteers of America of the Greater New Orleans Area Inc. in the Orleans Parish Civil District Court on Dec. 23, 2013.

Valteau claims her father Edward Richardson, a rent-paying tenant of the Terraces on Tulane Ave. in New Orleans, was in his apartment when he was bludgeoned and stabbed over 20 times. Richardson suffered many hours before death and was murdered by someone who is yet to be identified, the suit says.

Valteau accuses the defendants of joint and concurrent negligence.  She claims they seldomly kept the front gate locked or used the lock and buzzer system, failed to have adequately trained and attentive employees at the front desk check in station, rarely manned the clerk station, and did not have properly working security cameras.

Valteau is seeking unspecified damages for grief, mental anguish and deprivation of her father’s companionship and guidance. She also seeks damages sustained by Richardson prior to death including for physical pain and knowledge that his demise was imminent.

The plaintiff is represented by Paul R. Valteau Jr. of New Orleans.

The case has been assigned to Division N Judge Ethel S. Julien.

Case no. 2013-12207.

Pius A. Obioha

NEW ORLEANS – A local family alleges their apartment, possessions and physical health were severely damaged by a fire due to negligence on behalf of the apartment complex.

Sylvia Flint, Brittany Flint Allen, individually and on behalf of Javonte’ Flint, filed suit against 4254 Maple Leaf Drive LLC, Audubon Pointe and Admiral Insurance Company in the Orleans Parish Civil District Court on Dec. 30, 2013.

The plaintiffs assert that on Dec. 30, 2012, their home at the Audubon Pointe Apartments, located at 4254 Maple Leaf Drive in New Orleans, incurred damage by fire.  An investigation of the fire determined its cause to be a defective air conditioning unit, according to the suit.

The Flint family claims to have lost all their possessions and sustained serious personal injuries which have required months of medical treatment and required Mrs. Flint to have surgery.

The Flints accuse the employees of Maple Leaf of being aware of the faulty air conditioner, but failing to replace it, or alternatively knowingly installing a defective part in the system.  They implicate Admiral Insurance Co., the property’s insurer, in their assertion that the defendants concurrently caused public hazard and misrepresented the facts regarding the fire’s cause.

The plaintiffs are seeking unspecified damages covering physical pain and suffering, emotional trauma, reimbursement for loss of possessions, medical expenses and relocation costs.

The Flints are represented by attorney Pius A. Obioha of New Orleans.

The case has been assigned to Division D Judge Lloyd J. Medley.

Case no. 2013-12370.

NEW ORLEANS – The family of a local man is suing his doctor for alleged medical malpractice after the man died of pneumonia in his home.

Kim Dung Vu Nguyen, Maria Brenda Nguyen and Angela Kim Nguyen, individually and on behalf of Tony Nguyen, filed suit against Dr. Quang The Vu in the Orleans Parish Civil District Court on Dec. 9, 2013.

The plaintiffs allege that Mr. Nguyen died as a result of inferior treatment from Dr. Vu. The suit asserts that despite Mr. Nguyen’s symptoms and test results, which indicated bilateral pneumonia, Dr. Vu did not admit Mr. Nguyen to the hospital, thus contributing to his death.

According to the suit, Mr. Nguyen presented to Dr. Vu on May 11, 2009, with a critical level of hypoxic pulse oximetry of 85 percent. Dr. Vu ordered an X-ray and prescribed medication. The next morning Dr. Vu read the X-rays but did not admit Mr. Nguyen, the suit states.

That same day Mr. Nguyen’s daughter Angela claims she brought her father to Dr. Vu, but the doctor did not see him. Mr. Nguyen died later that evening in his home, the suit states.

According to the lawsuit, the family claims a Medical Review Panel offered the opinion that Dr. Vu “failed to comply with the appropriate standard of care as charged in the complaint and the conduct complained of was a factor of the resultant damages.”

In the suit the plaintiffs allege that Mr. Nguyen’s original presentation should have warranted admittance to the hospital and the X-ray should have triggered a more aggressive treatment approach.

The Nguyens are suing for damages related to pain and suffering, loss of enjoyment of life, diminished quality of life,survival damages, loss of chance of life and the cost of the proceedings.

Plaintiff is represented by Sherif K. Sakla M.D., J.D., of the New Orleans-based Sakla Law Firm.

Case is assigned to Division M Judge Paulette R. Irons.

Case no. 2013-11589.

NEW ORLEANS – The Health Education Authority of Louisiana is suing the company responsible for operating its parking garage, alleging they breached the terms of their lease by providing free and discounted parking, and keeping improper records.

Health Education Authority of Louisiana (HEAL) filed suit against APCOA LaSalle Parking Company LLC in the Orleans Parish Civil District Court on Dec. 10, 2013.

The suit alleges that HEAL owns a parking facility located at 300 LaSalle St. in New Orleans which APCOA LaSalle Parking Company (APLC) leases and pays rent to HEAL.

The suit asserts that the lease requires ALPC to pay three types of rent including HEAL’s annual rent, a fixed minimum rent and percentage rent of 20 percent of annual gross receipts. In order to do so the lease agreement obligates ALPS to “keep and maintain at all times complete and accurate books, records and accounts relating to the management, administration, operation and maintenance of the parking facility.

HEAL alleges that ALPC has broken the terms of the lease by providing free or discounted parking spaces and by allowing the facility to fall into disrepair. Additionally, they allege that ALPC’s documentation procedures are inadequate and do not comply with governing law.

They claim that the bookkeeping of the years 2009 through 2011 has been inadequate and the internal audits conducted by Standard Parking Corporation on behalf of ALPC were incomplete and lacked support of facts. The suit alleges there is potential unreported revenue of $73,068.

The plaintiffs are requesting that ALPC be found in default of the lease.

Plaintiff is represented by Christopher S. Mann of Jones Walker LLP of New Orleans.

ALPC denies any wrongdoing in an answer provided Jan. 27. They claim that in 2011 When Jacob Johnson assumed the role of HEAL’s executive branch, HEAL breached their terms of the lease by its repeated and unfounded interference with ALPC’s use and operation of the facility. They claim that Johnson harassed ALPC and its employees and is responsible for the unilateral removal of cars it does not own.

ALPC is represented by Harry Rosenberg of Phelps Dunbar LLP of New Orleans.

Case is assigned to Division F Judge Christopher J. Bruno.

Case no. 2013-11626.

NEW ORLEANS – A local construction company is being sued by the Louisiana Workforce Commission for failing to pay into the state unemployment compensation fund.

Louisiana State Seal

The State of Louisiana, the Louisiana Workforce Commission, the Office of Employment Administration and UI Tax Manager J. Ricky Masaracchia filed petition to have assessment made executory against Englobal Construction Resources in the Orleans Parish Civil District Court on Dec. 9, 2013.

On Oct. 2, 2013 a lien was made against Englobal for unpaid employer contributions due to the State for the state unemployment compensation program.

Karl M. Hansen Jr. of Metairie is the attorney for the State of Louisiana.

The case was assigned to Division I Judge Piper D. Griffin.

On Dec. 18, 2013 executory judgment was issued in the amount of the unpaid contributions, totaling $41,341.29, plus penalties.

Case no. 2013-11616.

Frank J. Swarr

NEW ORLEANS – A worker with lung cancer is suing numerous corporations for negligence, claiming he was exposed to large amounts of asbestos that caused him to contract cancer.

Dennis W. Mouser filed suit against A.O. Smith Corporation, AstenJohnson Inc., Borg-Warner Morse Tec Inc., Bryan Steam LLC, Buffalo pumps, Burnham LLC, CBS Corporation, Certain-Teed Corporation, Chevron Philips Chemical Company LP, Cleaver-Brooks, ConocoPhillips Company, Crane Company, Crown Cork & Seal USA Inc., DAP Products Inc., Dover Corporation, Eagle INC., Flowserve Corporation, FMC Corporation, Ford Motor Company, Foseco Inc., Foster Wheeler Corporation, Gardner Denver Inc., General Electric Company, Georgia-Pacific LLC, Goulds Pumps Inc., Honeywell International Inc., IMO Industries Inc., Ingersoll-Rand Corporation, John Crane Inc., Kelly Moore Paint Company Inc., Lawrence Pumps Inc., 3M Company, McCarty Corporation, Montello Inc., Nagle Pumps Inc., Oakfabco Inc., Peerless Pump Company Inc., Pentair Pump Group Inc., Riley Power Inc., Roper Pump Company, Sulzer Pumps (US) Inc., Taylor-Seidenbach Inc., Trane U.S. Inc., Tuthill Corporation, Union Carbide Corporation, Viking Pump Inc., Voith Paper Fabric & Roll Systems Inc., Warren Pumps LLC, Weir Minerals North America, Zurn Industries LLC, International Paper Company and ENSCO International Inc. in the Orleans Parish Civil District Court on Dec. 20, 2013.

The plaintiff claims he was required, while working with the International Paper Company and ENSCO International Inc., to handle asbestos containing products. Mouser asserts he has been diagnosed with lung cancer as a result of working with these products. Mouser claims these products were manufactured and distributed by the defendants, who had full knowledge of their danger and the fact that they contained asbestos.

Mouser accuses the defendants of negligence, failure to warn him of their danger, failing to provide safety information and equipment, failing to properly test and recall the equipment, failing to provide an alternative product, and contriving to deprive him of the opportunity to make safe choices by combating the public exposure of these products’ information. Mouser accuses the defendants of committing tort of assault and battery by knowingly and intentionally causing him harm.

Mouser is seeking unspecified damages for medical costs, lost earnings, mental and physical suffering and loss of quality of life.

The plaintiff is represented by attorney Frank J. Swarr of New Orleans.

The case has been assigned to Division I Judge Piper D. Griffin.

Case no. 2013-12169.

Keith L. Magness

NEW ORLEANS – A local subcontractor is suing for breach of contract after completing work on a city repair to a recreation center.

Boes Iron Works Inc. filed suit against FHP Tectonics Corp., Continental Casualty Company, Liberty Mutual Insurance Company and Fidelity and Deposit Company of Maryland in the Orleans Parish Civil District Court on Dec. 9, 2013.

FHP was hired as a general contractor by the City of New Orleans to repair the Joe W. Brown Memorial Recreation Center. Continental, Liberty Mutual and Fidelity issued surety bonds guaranteeing payment to all of FHP’s subcontractors. According to the lawsuit, Crescent entered into a subcontract with Boes to furnish and install steel and iron work in support of the project at a base price of $132,500.

During the course of the work FHP requested Boes provide extra material, work and overtime labor resulting in an additional $10,499.71 bringing the total FHP-Boes subcontract $142,999.71. Boes completed its work as of Jan. 21, 2013, but claim Crescent failed to pay them $34,699.71 of the subcontract price. Despite the lien Boes filed on Jan. 22, at least $17,124.40 of the invoice allegedly remains unpaid.

FHP is accused of failure to pay promptly, misapplication of payments and unfair trade practices.

Boes is requesting damages in the amount of the outstanding invoice and additional penalties appropriate under the Public Works Act.

Boes is represented by attorney Keith L. Magness of Gretna.

The defendants answered the suit on Feb. 28 denying any wrongdoing.

They are represented by James M. Garner of Sher Garner Cahill Richter Klein & Hilbert LLC of New Orleans.

Case is assigned to Division F Judge Christopher J. Bruno.

Case no. 2013-11609.

Louisiana State Seal

NEW ORLEANS – A local mining company is being sued by the Louisiana Workforce Commission for failing to pay into the state unemployment compensation fund

The State of Louisiana, Louisiana Workforce Commission, Office of Employment Administration and UI Tax Manager J. Ricky Masaracchia filed a petition to have assessment made executory against Delta Mining LLC in the Orleans Parish Civil District Court on Dec. 9, 2013.

On Oct. 2, 2013 a lien was made against Delta for unpaid employer contributions due the state for $26,353.43.

An executory judgment was issued by the court on Dec. 17, 2013 for the amount of unpaid contributions plus penalties.

Plaintiff is represented by Karl M. Hansen Jr., Attorney for the State of Louisiana.

Case is assigned to Division L Judge Kern A. Reese.

Case no. 2013-11617.

NEW ORLEANS – Wells Fargo has filed a lawsuit over a piece of property after the death of their mortgage holder.

Wells Fargo Bank NA filed suit against Gloria Hawkins Ivory in the Orleans Parish Civil District Court on Dec. 10, 2013.

Wells Fargo claims that Ivory borrowed $300,000 on June 29, 2010 for a mortgage. In the terms of the mortgage, the plaintiff alleges that immediate repayment of the principal can be required in the event of the borrower’s death.

Wells Fargo claims that Ivory is deceased and her heirs are unknown and thus they are attempting to enforce the note and seize the property for resale in order to cover the remaining amount of the loan, $161,581.06, as well as taxes and hazard fees.

The plaintiff is represented by attorney Dean Morris of Monroe.

On Dec. 10, 2013 Judge Regina Bartholomew ordered that Wilson Bovelard be appointed to represent the succession of Ivory.

On Jan. 31, 2014, Wilson entered an affidavit of the results of his curator duties. He claims he was able to locate some of the surviving children of Ivory, including a Cassandra Ivory. She is listed as receiving a certified letter he sent her, but has not contacted him.

Case is assigned to Division H Judge Val Patrick Exnicios.

Case no. 2013-11651.

NEW ORLEANS – A local man is suing his insurance company after it failed to pay his damages after a fire on his property.

Samuel Martin filed suit against Southern Fidelity Insurance Company in the Orleans Parish Civil District Court on Dec. 10.

Martin alleges that Southern Fidelity Insurance Company (SFIC) owes him a settlement from a fire that occurred on his property on Dec. 30, 2011. He asserts that his insurance policy provided coverage in the event of a fire.

SFIC is accused of refusing to pay for all damages sustained after having conducted an investigation and determining a satisfactory proof of loss.

SFIC is being sued for breach of contract.

Martin is suing for loss of property and repair expenses. SFIC filed a notice of removal on Jan. 17. The company argued that Martin lives in Texas and the amount in controversy exceeds $75,000, rendering this court an improper venue.

SFIC is represented by Mandeville attorneys Matthew D. Monson of the Monson Law Firm LLC.

Plaintiff is represented by Brian J. Houghtaling of Huber, Slack, Houghtaling, Pandit & Thomas.

Case is assigned to Division N Judge Ethel S. Julien.
Case no. 2013-11631.

Darleen M. Jacobs

NEW ORLEANS – A local woman is suing DePuy Orthopaedics and Touro Infirmary for issuing and implanting implants she alleges are defective and cancer-causing.

Lillie Duroncelet filed suit against DePuy Orthopaedics Inc., Johnson & Johnson Services Inc., Touro Infirmary and Mark Starring and Associates Inc. in the Orleans Parish Civil District Court on Jan. 9, 2014.

According to Duroncelet, On Oct. 5, 2010, she had DePuy Pinacle/Summit implants, put in both hips. These hip implants were sold to Touro by Mark Starring and Associates. After the plaintiff received information that DePuy implants are medically unsafe, she had them taken out on Oct. 22, 2010. Duroncelet claims there are numerous studies showing DePuy implants contain chromium contamination and metal ion debris that cause site specific cancers and latent diseases affecting numerous body systems. Duroncelet claims she is required to participate in an early detection monitoring program to manage exposure to metal ions.

The plaintiff accuses defendants of international tort and negligent acts of omission. Duroncelet asserts the FDA has warned that DePuy devices are defective, should not be implanted, and show failure rates several times that of other devices.

The plaintiff accuses the defendants of having full knowledge of these messages, and continuing to act in concert to negligently promote the safety and sale of device. Duroncelet alleges Touro physicians also recommended Depuy devices over safer devices, in order to obtain a share of Depuy profits, sale and commissions.

Duroncelet is seeking unspecified damages for physical pain and suffering, mental anguish, emotional distress, costs of medical evaluation, treatment, explantation surgery and medical monitoring, disability, loss of earnings and loss of earning capacity.

The plaintiff is represented by attorney Darleen M. Jacobs of New Orleans.

The case has been assigned to Division M. Judge Paulette R. Irons.

Case no. 2014-00316.

NEW ORLEANS – A local rectory and priest are suing Entergy after a power surge allegedly destroyed a brand new air conditioning unit.

Blessed Sacrament St. Joan of Arc Rectory (BBSJA) and Father Charles Andrus filed suit against Entergy Services Inc.-Metro and Bayou, Louisiana and the Worley Company in the Orleans Parish Civil District Court on Dec. 18, 2013.

BSSJA is suing for property damage arising out of a transformer fuse failure that occurred on Dec. 10, 2012. They allege that a failed transformer fuse and subsequent spike in power resulted in BSSJA being forced to replace a newly purchased air conditioning unit. They want to be compensated for the cost of the air conditioning unit and the cost of installation.

Plaintiff is represented by attorney Jerry Settle of New Orleans.

Case is assigned to Division C Judge Sidney H. Cates IV.

Case no. 2013-11677.

NEW ORLEANS – A maritime worker claims he was permanently disabled after a faulty battery detonated in his face and is suing his employer for negligence and maintaining an unseaworthy vessel.

Thanh Michael Tran filed suit against Boh Bros. Construction LLC in the Orleans Parish Civil District Court on Jan. 8.

On March 13, 2013, Tran alleges he was working as a crew member on the tug boat Mr. Junius when he was ordered by his captain to get a charge on the vessel’s eight volt battery. After the battery was not showing a charge, Tran alleges the captain ordered him to jiggle the connection whereupon it sparked and the battery exploded in the plaintiff’s face, knocking him back onto the deck. Tran claims he sustained significant injuries to his lower back, neck and cervical spine, right shoulder and arm, face, ear, hand and brain.  Tran was 23 years old at the time of the incident, earning roughly $80,000 per year working for the defendant. He claims to now be permanently disabled and expects to suffer financial losses in an amount over $1 million in the future.

Tran accuses the defendant of negligence, including failing to provide a safe place to work, failing to provide pre-employment safety analysis, failing to inspect equipment and failing to enforce a proper safety program. Additionally, the plaintiff accuses Boh of maintaining an unseaworthy vessel. Tran asserts a replacement battery had been requested multiple times and these requests had been ignored. Therefore, Tran is seeking damages under U.S. general maritime law.

Tran is seeking unspecified damages for physical pain, mental anguish, medical expenses, permanent disability, disfigurement and loss of wages, employment benefits and earning capacity.

The Plaintiff is represented by attorney Berney L. Strauss of New Orleans.

The case has been assigned to Division C Judge Sidney H. Cates IV.

Case no. 2014-00272.

NEW ORLEANS – A New Orleans landlord is suing its tenant and the city after they allegedly lost their grandfathered status due to a signage replacement.

Pig Feet LLC filed suit against Silwady’s Group LLC, America’s Best Signs LLC and the City of New Orleans in the Orleans Parish Civil District Court on Dec. 11, 2012.

Pig Feet claims it owns property at 2013 S. Claiborne Ave. in New Orleans where Silwady’s leases a gas station and convenience store. Pig Feet alleges that there were signs on the property that were larger than city ordinances but were grandfathered in and allowed to remain. In late 2012, Pig Feet learned of a plan of Silwady’s to install new signs on the property.

Scott G. Wolfe Sr., Pig Feet’s manager, asserts he communicated with ABS and Silwady’s and informed them that Pig Feet was the owner of the permanent signs and they would not authorize the removal of the signs. If new signs were to be installed, they would have to be the same size as the existing signs and installed within the existing structure so as to maintain Pig Feet’s grandfathered status.

The plaintiff claims ABS submitted a proposal to the City of New Orleans for new signs without authorization from Pig Feet and that the proposal misrepresented the owner of the property as Rami, a Silwady’s member and not Pig Feet, and requested a permit for installation of signs smaller than the existing signs. The City Planning Commission approved the sign permit application and the signs were removed and new, smaller signs were put up and the older, larger signs were destroyed or disposed of without notice. The suit claims the City failed to do due diligence. Because of the replacement of the old signs, Pig Feet lost grandfathered status and lost the value of old signs. They claim Silwady’s actions constitute a breach of contract.

Plaintiff is represented by Scott G. Wolfe, Jr., Seth J. Smiley, and Bradley Aldrich of Wolfe Law Group of New Orleans.

America’s Best Signs answered the complaint on Feb. 7, denying wrongdoing and alleging that Pig Feet acted with negligence and liability.

ABS is represented by Daniel M. Redmann and Christian B. Bogart of Duplass, Zwain, Bourgeois, Pfister & Weinstock.

The City of New Orleans responded by saying the plaintiff has no right to challenge its actions through court without exhausting administrative remedies. It claims it is beyond their duty to determine the ownership of property and signs, and there was ample time during the permitting process for the plaintiff to object to the changes and contest the replacement of the signs. The City further argues that Pig Feet is suggesting that it act as referee between landlords and tenants, which is beyond their purview.

The City is represented by Adam J. Swensek, the assistant city attorney, E. Patrick Eagan, assistant city attorney, Cherrrell R. Simms, Senior Deputy Chief City attorney, and Sharonda R. Williams, City attorney.

The case has been assigned to Division H Judge Val Patrick Exnicios.

Case no. 2013-11751.

NEW ORLEANS – A local man is suing his dental surgeon after his two front teeth were extracted with an alleged promise of free implants that he never received.

Christopher Washington filed suit against Daniel Spagnoli DDS and his insurance company in the Orleans Parish Civil District Court on Dec. 11, 2013.

In April 2013 Washington was referred to consult with a dental surgeon Dr. Daniel Spagnoli for the extraction of his third molars and the extraction of his two front teeth. During the consultation about his molars, Washington claims he was given the option of having his front teeth removed and replaced with surgical implants within four months of extraction. Washington alleges that he was told there would be no cost to him for the extraction or the implants, so he agreed to the extraction, which was done on July 12, 2013 at Children’s Hospital by Spagnoli.

Washington asserts he made an appointment with Spagnoli within three months, in which he was told there would be a cost for the implants, around $3,000. Washington claims he told Spagnoli he was in debt $15,000 and would never have agreed to the extraction if he knew the true cost. Washington asserts that Spagnoli told him that his financial problems were not his fault and he never told him the implants would be free.

Washington states that he intends to institute a medical malpractice claim, but is unable to do so until he files a claim with the Commission of Administration to form a medical malpractice review panel. He expects this process to take over a year so he is filing for pre-suit discovery for presentation to the medical review panel, his complaint states.

Judge Regina Bartholomew on Dec. 13, 2013 ordered that Washington be allowed to take Spagnoli’s deposition through written interrogatories.

Christopher Washington submitted this suit himself in forma pauperis and is representing himself pro se.

Case is assigned to Division H Judge Val Patrick Exnicios.

Case no. 2013-11748.

NEW ORLEANS – A former employee of the American Automobile Association is suing multiple men he used to work with, claiming they have started false rumors about him including accusing the plaintiff of criminal activity, damaging his reputation and current business.

Mark Tubre Sr. filed suit against the Automobile Club of Missouri, Steven Wicker, Thomas Smith, David Seymour, Kevin Weaver and Jefferson Parish Sheriff Newell Normand in the Orleans Parish Civil District Court on Jan. 3.

The plaintiff claims he was formerly employed as a site manager with the defendant Automobile Club of Missouri at a local New Orleans office until Dec. 26, 2012, when his employment was terminated after an on-the-job injury. For the past three years, Tubre has been self-employed, doing business as “Hollywood Picture Cars,” buying and selling used cars for use in “Hollywood South Movies” filmed in the New Orleans area.

On Jan. 7, 2013, the plaintiff asserts he received the first of many cryptic calls from friends and business associates, inquiring as to whether he had ever been jailed or arrested. After investigation, it was discovered that the defendants were making statements that the plaintiff was a criminal, thief, drug smuggler, in legal trouble, under investigation for felony drug charges, selling stolen cars and anyone involved with Tubre could be arrested as an accomplice.

Tubre accuses the defendants of making malicious statements, defamation and recklessness and purposeful dissemination of false information in an attempt to cause him harm.

The plaintiff is seeking unspecified damages for economic loss, lost business prospects, emotional trauma and humiliation, loss of earning potential and harm to his personal and professional reputation.

The plaintiff is represented by Adam S. Lambert of New Orleans of Covington.

The case has been assigned to Division N Judge Ethel S. Julien.

Case no. 2014-00063.

NEW ORLEANS – The owner of a local parking garage is being sued by a lessor who won a judgment, but was allegedly not paid.

Crutcher-Tufts Corporation filed suit against Peter Coleman, Alise Durand, Douglas J. Durand, Stephanie T. Butler, John and Jane Doe and Downtown System Parking Inc. in the Orleans Parish Civil District Court on Dec. 10, 2013.

The suit alleges that the defendants dissolved the company found responsible for damages in a prior judgment in order to avoid paying. They claim that on April 25, 2012, Crutcher-Tufts were awarded $467,772.63 plus interest in a civil action concerning a default under a lease of a parking lot. The suit alleges that on May 3, 2012, several of the defendants dissolved Downtown System Park, despite knowing the liability of the company. Because the shareholders were aware, Crutcher-Tufts asserts that they should be responsible for the damages awarded in the prior civil action. Furthermore, the suit claims the defendants are personally liable for the actions taken in violation of Louisiana law regarding filing a false public record.

Crutcher-Tufts is represented by Scott M. Galante of Galante & Bivalacqua LLC of New Orleans.

Peter Coleman provided an answer on Feb. 12, stating that the charges were overly vague and ambiguous and DSP is not dissolved, but still a functioning entity. He alleges that Crutcher-Tufts is attempting to circumvent normal legal procedure by filing a new suit against these defendants instead of proper procedure through the existing action. He also argues that none of the defendants reside in New Orleans, nor does the plaintiff corporation and claims that the lawsuit is a form of harassment.

Case is assigned to Division N Judge Ethel S. Julien.

Case no. 2013-11628.

NEW ORLEANS –The sister of a man who had a heart condition is suing his pharmaceutical company for providing a drug she believes led to his death.

Rita Crew Condron, as the designated beneficiary of all claims arising out of the death of her brother, John M. Crew filed suit against Boehringer Ingelheim Pharmaceuticals Inc. and Boehringer Ingelheim International GmbH in the Orleans Parish Civil District Court on Jan. 3.

Condron claims that on Oct. 1, 20111, her brother was prescribed Pradaxa in the dose of 150 mg twice daily, for the treatment of atrial fibrillation. Crew had been using Warfarin, which like Pradaxa, is an anti-coagulant intended to prevent patients like John M. Crew from developing blood clots and strokes associated with atrial fibrillation. On Jan. 5, 2013, Crew visited the emergency room and passed away after his bleeding could not be controlled.

Condron asserts her brother John M. Crew’s death was caused by Pradaxa and accuses the defendants of selling a defective drug. Condron also accuses the defendants of failing to provide warning to the patient and to his health care provider about the dangers of Pradaxa, and misrepresenting the drug’s safety.  Because Pradaxa is anti-coagulation drug, it caused Crew’s death by uncontrollable bleeding. There is no known medication that can counteract Pradaxa’s coagulation effect, and there is not currently a test in existence to determine the level of Pradaxa in the body. The defendants knew the risk of gastrointestinal bleeding is greater with the use of Pradaxa as compared to Warfarin, and continued to advocate Pradaxa as a more effective medicine than Warfarin for patients like Crew, the lawsuit claims.

The plaintiff is seeking unspecified damages for John M. Crew’s medical expenses, pain, suffering, and mental anguish, fear of death, economic loss, loss of life enjoyment and funeral costs. Condron additionally seeks damages for her own loss of Crew’s consortium, love, affection and mental anguish relating to his death.

The plaintiff is represented by attorney Thomas B. Calvert of Metairie.

The case has been assigned to Division A Judge Tiffany G. Chase.

Case no. 2014-00084.

NEW ORLEANS – A local resource company manager claims his company was denied more than $20 million dollars agreed upon by oral contract for a medical center project.

Joseph A. Jaeger Jr., a local manager and member of Consolidated Resource Management, LLC, filed suit against the MCC Group LLC, the St. Margaret’s Daughters, St. Margaret’s Foundation and Lawrence Stansberry in the Orleans Parish Civil District Court on Jan. 8.

Jaeger claims St. Margaret’s Foundation acquired properties located on the former Mercy Hospital site on Bienville in New Orleans. In January 2010, Jaeger alleges he and STM entered into an oral contract to co-own and develop three buildings into an academic medical center. These buildings included a retail and condominium complex that would be part of an Louisiana State University Health Sciences Center New Orleans branded Cardiovascular Center of Excellence acute care hospital. Jaeger asserts Consolidated Resource and STM agreed they would be equal partners in the venture, with Jaeger funding pre-development expenses of over $1.5 million and STM contributing the property certified by provider and lease agreements from LSUHS.  It was also agreed upon that Jaeger would receive tax losses of $10 million, a construction profit of $10 million, and future rental income and asset appreciation.

The plaintiff claims his company worked for three years accruing the agreed upon redevelopment expenses. However, STM allegedly failed to get the agreements from LSUHS, refused to recognize Jaeger as 50 percent co-owner, and did not include Jaeger in the $10 million worth of tax losses.

The plaintiff accuses STM of fraud, deceit and misrepresentation in violation of the Louisiana Unfair Trade Practices Act.

Jaeger is seeking damages that he claims, according to LUPTA, would entitle his company to compensation totaling three times the damages sustained. Jaeger seeks either a declaratory judgment allowing him to remain a partner with full rights and that the terms of development not be dissolved, or a mandatory injunction to list him as a 50 percent property owner with STM filing a $1.5 million dollar mortgage for the two properties Consolidated Resource worked on directly. Finally, Jaeger seeks a permanent injunction, prohibiting the sale or development of the property until the matter is legally resolved.

The plaintiff is represented by attorney James M. Garner of New Orleans.

The case has been assigned to Division L Judge Kern A. Reese.

Case no. 2014-00283.

NEW ORLEANS – A local construction company is suing a condominium association for an unpaid account related to repairs they allegedly completed on the property.

Countrywide Construction LLC filed suit against 1109 Peniston Condominium Owners Association in the Orleans Parish Civil District Court on Dec. 12, 2013.

Countrywide alleges that on Feb. 1, 2012 the condominium association entered into a contract to pay for repairs . As of the date of filing the final invoice, which was sent on Sept. 23, 2013, totaled $56,086.15.

Despite efforts to recoup the open account, Countrywide allegedly remains unpaid.

Plaintiff is represented by attorney William M. Magee of Covington-based Magee, Zeringue & Richardson.

Case is assigned to Division N Judge Ethel S. Julien.

Case no. 2013-11844.

NEW ORLEANS – A pair of local landlords are suing to recoup expenses after evicting their tenant.

Marden and Suzanne Kimball filed suit against Thomas Housey in the Orleans Parish Civil District Court on Dec. 13, 2013.

The Kimballs claim they were renting Housey an apartment connected to their property at 1205 St. Mary Street in New Orleans for $1,600 per month through a lease beginning March 10, 2013 and ending on March 9, 2014. In August, the Kimballs demanded past due rent, which Housey acknowledged he owed in an Aug. 22 email reply. On Sept. 6, the Kimballs demanded $4,074.76, but were still not paid, the suit claims.

They say they began legal proceedings against Housey and posted a notice to vacate the premises on Oct. 2. The First City Court for the Parish of Orleans ordered Housey to vacate and pay costs of eviction proceeding. The total owed to the Kimballs including rent for July, August, September, late fees and utilities and cost of eviction totals $14,620.52, the suit claims. They have retained Housey’s $1,600 security deposit.

Housey is accused of breach of contract in bad faith, unjust enrichment and negligence,

Plaintiff is represented by Scott G. Wolfe Jr. of Wolfe Law Group LLC.

Housey was found in preliminary default March 12.

Case is assigned to Division L Judge Kern A. Reese.

Case no. 2013-11903.

GRETNA – A man is suing a group of attorneys for legal malpractice after they allegedly did not file documents in time to continue a motor vehicle lawsuit he had against the owner of semi truck that ran into his car.

Jorge Alberto Diaz Rubio filed suit against Migual A. Elias, a Professional Law Corporation, Paul Rodriguez and John Casey Cowley in the 24th Judicial District Court on March 5.

Rubio asserts that he was injured in an automobile accident on Sept. 8, 2009 when his car was struck in the rear end by a semi truck on Airline Highway in New Orleans. The plaintiff alleges he engaged Migual A. Elias, a Professional Law Corporation, Rodriguez and Cowley to represent him in the Orleans Parish Civil District Court in a personal injury case against the semi truck’s owner. However, Rubio claims that when the defendants filed the initial lawsuit against the semi truck owner they included in the paperwork a claim that the damages did not surpass $50,000 while allegedly not informing him of the implications of not being able to recover more than $50,000 in the case.

On Aug. 8, 2010 when the defendants moved to amend the section of the lawsuit and add that the damages were likely in excess of $50,000, they were denied by the court to make the change in the case. Rubio claims that due to the oversight the defendants limited his ability to recover just damages in the lawsuit.

The defendant is accused of limiting the plaintiff’s ability to recover damages above $50,000.

An unspecified amount in damages is sought for mental anguish, aggravation and inconvenience.

Rubio is representing himself pro se in the case.

The case has been assigned to Division I Judge Nancy A. Miller.

Case no. 736-118.

NEW ORLEANS – An ex-employee of Wyndham is suing over what he believes to be a wrongful termination due to his age, religion and national origin.

Marc Cohen filed suit against Wyndham Vacation Ownership Inc. in the Orleans Parish Civil District Court on Dec. 13, 2013.

Marc Cohen began working for Wyndham in 1990 and transferred in 2008 to help set up the new Wyndham location in New Orleans. Based on his 18 years of experience in sales, he requested the manager position, but was not promoted and the job was given instead to a younger and less experienced employee, the suit claims. Under the new management, Cohen claims he began to have his responsibilities taken away, which reduced his income. Cohen asserts that employees were constantly making prejudicial comments towards his age and religion. Cohen is 66, was born in Israel, and Jewish. He alleges that he was not allowed to observe the Sabbath anymore. He took his complaints to the Human Resources Director Karen Sarvich. Shortly thereafter, on March 21, 2012, he was terminated.

The suit alleges Cohen filed a complaint with Equal Employment Opportunity Commission, but Wyndham refused to undergo mediation to resolve the complaint. The EEOC issued a notice of right to sue within 90 days on Sept. 28, 2013.

Wyndham filed for removal to the Eastern District Court of Louisiana because the claims allege violations of federal law and the plaintiff and defendants are citizens of different states, making this court the improper venue.

Cohen is represented by attorney Rachel M. Yazbeck.

Wyndham is represented by attorney René E. Thorne.

Case is assigned to Division D Judge Lloyd J. Medley.

Case no. 2013-11894.

Pascal’s Manale

NEW ORLEANS – An historic New Orleans restaurant is being sued by a local woman broke her ankle after allegedly tripping and falling on a service ramp.

Diann Hughes filed suit against Pascal’s Manale Restaurant Inc. in the Orleans Parish Civil District Court on Dec. 12, 2013.

Hughes claims she was walking by the restaurant on Dec. 14, 2012 around 6:30 p.m. when she stepped on the ramp from the kitchen to the sidewalk which caused her to lose her balance and fall. She asserts that she suffered injury and distress including a broken leg or ankle.

Pascal’s Manale Restaurant is accused of not placing a guard rail around the ramp or any marking to warn pedestrians of the hazard and of creating an unreasonable risk of harm.

Hughes is represented by Metairie-based attorney Ted M. Mitchell of Lestelle & Lestelle.

Case is assigned to Division G Judge Robin M. Giarrusso.

Case no. 2013-11828.

NEW ORLEANS – An engineering and design firm is suing after it was improperly compensated for work completed.

Lanier & Associates Consulting Engineers Inc. filed suit against NOLA Oil Terminal LLC in the Orleans Parish Civil District Court on Dec. 13, 2013.

According to the suit, in early 2012, Christian P. Amadee, a member of NOLA Oil Terminal engaged Lanier to perform preliminary engineering and permit work for a proposed new liquid facility in Plaquemines Parish. Lanier claims it furnished an opinion of probable cost, and Amadee instructed him to begin detail design work. Lanier invoiced NOLA for work from October 2012 through September 2013, totaling $118,756.11. NOLA allegedly made partial payments to Lanier of $50,000 for work performed, but has refused to pay the outstanding balance of $68,756.71.

Lanier is suing for the remainder of the open account.

Plaintiff is represented by John I. Hulse IV of the Conroy Law Firm of Metairie.

NOLA is represented by attorney Patrick M. Amdee of Thibodaux.

Case is assigned to Division J Judge Piper D. Griffin.

Case no. 2013-11895.

New Orleans Military and Maritime Academy

NEW ORLEANS – A military school teacher who has been accused of physically assaulting a student during class is being sued by the student’s mother.

Tracy Lee, individually and on behalf of her minor son, filed suit against York Risk Services Group, inc., New Orleans Military and Maritime Academy Inc. and Dana Gravot in the Orleans Parish Civil District Court on Jan. 10.

According to the plaintiff, her son was seated in class at the New Orleans Military and Maritime Academy when Dana Gravot, his teacher, accused him of throwing a pen. When her son denied the allegation, Gravot announced he could choose between a write up and visiting the school disciplinarian. When her son tried to leave the classroom to meet with the disciplinarian Gravot allegedly blocked the door and verbally confronted him before suddenly grabbing him near the chest and neck, the lawsuit says.

The plaintiff’s son claims he sustained multiple, severe injuries to the structure, muscles and tissue of his body, his neck, chest, and psychological injuries to the brain due to the incident.

Lee accuses the defendants of negligence, authorizing unsafe practices, breaching their duty of care, failing to properly train its employees, failing to maintain the school in accordance with municipal, state and other applicable laws and failing to properly ensure the safety of, properly discipline and provide a safe environment for its students.

The plaintiff seeks unspecified damages for the student’s physical suffering, mental anguish, medical expenses, loss of earning capacity, and loss of function.

The petitioner is represented by attorney DaShawn Hayes of New Orleans.

The case has been assigned to Division J Judge Paula A. Brown.

Case no. 2014-00369.

NEW ORLEANS – A local woman and her children are suing a golf course and the organizations who hosted a tournament there after her husband was killed in fall from a moving golf cart.

Elizabeth Desormeaux, herself and on behalf of her deceased husband Danny Desormeaux, Ryan Desormeaux and Danielle Desormeaux Broussard filed suit against Lakewood Golf LLC, The Kelly Gibson Foundation, Feed the Relief Inc. and New Orleans Fire Fighters Pension and Relief Fund in the Orleans Parish Civil District Court.

On Dec. 27, 2012 Danny, Elizabeth and Ryan were attending a golf tournament hosted by the Kelly Gibson Foundation/Feed the Relief Inc. at Lakewood Gold Course owned by the New Orleans Fire Fighter Pension & Relief Fund, the suit says.

The suit alleges Danny Desormeaux, who was riding along with the plaintiffs at the back of the cart, was thown from the golf cart when it traversed an uneven part of the path and he struck his head on the concrete cart path and sustained serious and fatal injuries for which he was hospitalized for and died on Feb. 1, 2013.

They are accusing the defendants of carelessness, recklessness, and negligence.

They are requesting damages for mental pain and anguish, loss of enjoyment of life, impairment loss, income, medical and funeral expenses, and death. The suit includes survival and wrongful death actions.

Plaintiff is represented by Jeanne M. Laborde of Lafayette and the Marionneaux Law Firm LLC.

Kelly Gibson Foundation answered the complaint on Feb. 14, arguing the group is not at fault, and that Danny Desormeaux did not heed the warning signs on the course or the cart. The Foundation claims that Danny Desormeaux’s fall, injuries and death were a result of his decision to ride in the back of the golf cart and claim that Ryan Desormeaux did not remain on the path while driving the cart, but sharply veered off of it.

Kelly is represented by attorney Maria B. De Gracia.

Lakewood Gold answered the suit on Feb. 18, with the same defense to the accusations as the Kelly Gibson Foundation.

Lakewood is represented by Keely Y. Scott of Donohue, Patrick & Scott.

The New Orleans Fire Fighters Pension and Releif Fund filed a peremptory exception of no cause and no right of action, and dilatory exception of vagueness. They are represented by Louis L. Robein of Robein, Urann, Spencer, Picard & Cangemi.

An April 11 date is scheduled in a rule to show cause.

Case is assigned to Division D Judge Lloyd J. Medley.

Case no. 2013-11890.

NEW ORLEANS – A local woman and her son are suing his school after he was allegedly attacked by his teacher.

Patrice Craige individually and on behalf of her son Joshua Craige filed suit against Algiers Charter School Association, Dwight D. Eisenhower Academy of Global Studies, Deanna Rogers, the Principal of the Academy, and Rusty Templet, a teacher at the academy, in the Orleans Parish Civil District Court on Jan. 21.

According to the suit, Templet kicked Joshua Craige about eight times on Feb. 4, 2013. This attack was so severe, the suit alleges, that Joshua required medical treatment that immobilized his ankle and impaired his movement. The plaintiffs allege Templet was in no way provoked and attempted to throw Joshua from his chair while sitting at his desk. The suit asserts Templet then attempted to flip Joshua’s desk on top of him. They claim the incident was reported to Principal Rogers and the New Orleans Police Department and that there were witnesses to the attack.

The defendants are accused of negligent hiring practices, failure to properly train personnel in the handling of emergency medical situations, failing to adopt and implement a plan of parent notification, breach of duty to children under its charge, and physical and mental damages.

Plaintiffs claim they are entitled to reasonable compensation for damages including emotional distress, mental anguish, loss of love and support, physical damages and psychological damages.

Plaintiff is represented by attorney Bobbie C. Smith of New Orleans.

Case is assigned to Division H Judge Val P. Exnicios.

Case no. 2014-00696.

NEW ORLEANS – A local construction company is suing its former lawyers after they allegedly mishandled a multi-million dollar BP claim.

Howell Construction Inc. filed suit against Andry Lerner LLC, Andry Law Group LLC, Johnathan B. Andry and Christina E. Mancuso in the Orleans Parish Civil District Court.

Howell alleges that in July 2012 it contracted with the defendants for the handling of Howell’s British Petroleum claim for losses due to the Deepwater Horizon catastrophe. Howell asserts that it cooperated fully and signed a contingent fee contract on July 12, 2012. Howell claims that in October 2012, the defendants indicated that Howell did not qualify for the BP settlement and needed to opt out. The construction company claims it signed the forms provided by the defendants and opted out on Nov. 1, 2012.

According to the suit, in order to properly opt out a formal presentment was due in mid-January 2013. However, on Jan. 29, the defendants sent Howell a letter indicating that the defendants no longer wanted to represent the company and would not handle any of its claims. This letter came nine days after the presentment deadline, which the defendants never filed. Howell did not understand that by opting out of the settlement, it was forever barred from filing a BP claim. By failing to file a formal presentment, Howell also lost the option to proceed with a private lawsuit under the Oil Pollution Act, the suit claims.

The defendant is accused of professional negligence and legal malpractice. According to the suit, the firm failed to properly evaluate Howell’s BP claim, failed to timely file a presentment under the Oil Pollution Act and failed to properly and adequately advise Howell.

Howell claims it sought the opinion of a second law firm, which found it had a legitimate BP claim for approximately $4 million. This claim was blocked due to the prior representation of Howell by the defendants. Ultimately, Howell was left with no ability to pursue any type of BP claim or oil spill related settlement, the suit says.

Andry Lerner has been accused of “egregious conduct” in handling other BP claims by former FBI director Louis Freeh, according to the suit.

The plaintiff is represented by Robert H. Matthews of Matthews & Warriner LLC and Jean-Paul Layrisson of Scandurro & Layrisson.

Case is assigned to Division C Judge Sidney H. Cates.

Case no. 2014-00673.

NEW ORLEANS – A local woman is suing an apartment complex after she was injured by falling sheetrock while showering.

Johnnieker Price filed suit against Gilmore Park Apartments LLC and Phoenix Property Acquisition & Management Inc. in the Orleans Parish Civil District Court on Dec. 11, 2013.

Price alleges the incident occurred on Aug. 21, 2013 at her apartment she was renting from Gilmore Park Apartments, at 1517 South Lawn Blvd. in New Orleans. She asserts that Phoenix had been made aware of the problem and failed to repair the defective sheetrock. She claims she sustained severe and disabling injuries to her back, neck and head.

The defendants are accused of failure to properly maintain, inspect and repair the premises and providing unreasonably dangerous conditions.

Price is suing for physical pain and suffering, mental anguish, medical expenses, loss of enjoyment of life and loss of earning capacity. Damages are requested in excess of $50,000.

Plaintiff is represented by attorney A.J. Renbennack of Metairie.

Phoenix answered the suit on Jan. 24 through its agents Levi C. Black and Anthony Glover, arguing that it has no affiliation with Gilmore Park Apartments.

Phoenix is represented by attorneys Levi C. Black and Anthony Glover of Baton Rouge.

Case is assigned to Division F Judge Christopher J. Bruno.

Case no. 2013-11908.

NEW ORLEANS – A real estate company is asking a New Orleans court to take charge of a $50,000 deposit it is holding after a real estate deal fell through.

GBS Properties LLC, formerly Prudential Gardner Realtors, filed suit against Regions Bank of Alabama, and Mary Mason Crosson of Texas, in the Orleans Parish Civil District Court on Dec. 13, 2013.

According to the suit, Gardner Realtors was the broker for Eleanor Farnsworth, a listing agent in the attempted sale of 2507 Prytania St. of New Orleans. On Aug. 22, 2008 Regions Bank and Mary Crosson came to a buy or sell agreement, with Crosson as the buyer. The buyer’s agent, Brigitte Fredy, delivered a $50,000 deposit, to be held in escrow by Gardner. Closing took place on Sept. 8, 2008, but Farnsworth was informed that Crosson would not be going through with the sale. Now, both Crosson and Regions have allegedly made requests that the deposit funds be released to them, therefore Gardner considers these funds to be in dispute.

Gardner asked that the funds be deposited into the registry of the court, less the costs of filing and to be dismissed from further proceedings.

Judge Tiffany G. Chase on Dec. 13 ordered the $50,000 less costs to be deposited and the defendants cited to appear and assert their respective claims. Chase also dismissed Gardner from the case.

Regions answered the suit on Feb. 11, stating that Crosson failed to buy the property on Sept. 15, 2008, as she was obligated to do. The “Agreement and Counter Offer” dated Aug. 22, 2008 stated that Crosson agreed to buy the property for $1.6 million and to close before Sept. 8, 2008. The agreement was not subject to satisfactory inspection and was to be purchased on a “as is, where is” basis. Regions argues that the contract entitles them to 10 percent of the purchase price, which is $160,000 and also to retain the $50,000 that is being held.

Regions is represented by Daniel K. Rester of Adams and Reese LLP of Baton Rouge.

The plaintiff is represented by Jack A. Ricci of Ricci Partners LLC of New Orleans.

Case no. 2013- 11904.

NEW ORLEANS – A subcontractor is suing the Orleans Parish Sheriff claiming it was never paid for additional work completed on the Orleans Parish Prison Inmate Processing Center.

Baker Pile Driving & Site Work LLC filed suit against Archer Western Contractors LLC, The McDonnel Group and Marlin N. Gusman, in his capacity as Sheriff and Ex-Officio Chief Executive Officer of Law Enforcement District of the Parish of Orleans, in the Orleans Parish Civil District Court on Jan. 16.

Gusman answered the suit on March 17, stating that he is responsible for no wrong-doing and any fault is the caused by Baker’s negligence. In addition, he claims he is protected by immunity afforded to public officials when acting in the capacity of their office.

The plaintiff is represented by attorney James M. White III of Covington.

Gusman is represented by Freeman R. Matthews and of New Orleans-based Usry, Weeks & Matthews.

The case is assigned to Division F Judge Christopher J. Bruno.

Case no. 2014-00621.

NEW ORLEANS – A local body engaged in revitalizing neighborhoods in New Orleans is suing a local company for allegedly failing to pay a promissory note.

The New Orleans Redevelopment Authority (NORA) filed suit against Thoron New Orleans Investments LLC of 643 Magazine Street in the Orleans Parish Civil District Court on Dec. 13, 2013.

According to the suit, Thoron owed NORA $138,298.35 with 2.5% interest from May 1, 2012 until paid.

Thoron was found in default on May 22, 2013.

On March 5, the court ruled that the judgment was satisfied.

NORA was represented by attorney Christopher Gobert of New Orleans.

The case is assigned to Division I Judge Piper D. Griffin.

Case no. 2013-00661.

NEW ORLEANS – A local law firm is being sued by a former client who claims the firm ignored her case until it was dismissed.

Marie Ekpema filed suit against Melvin N. Cade, Louis A. Gerdes Jr. and Louis A. Gerdes Jr., a Professional Law Corporation in the Orleans Parish Civil District Court on Jan. 21.

The suit alleges that Ekpema had contracted with the defendants to represent her in a lawsuit against the Sewerage and Water Board of New Orleans. This suit was related to a May 13, 2004 incident, in which Ekpema slipped and fell into an uncovered meter hole near 2658 Athis St. in New Orleans.

Following Hurricane Katrina, Ekpema moved to Kingwood, Texas. She continued to contact the defendants, who allegedly failed to keep her informed as to the status of her claim despite office visits, telephone calls and written correspondence. She states that she was informed repeatedly that her action for damages had not been dismissed but was still proceeding.

On Jan. 28, 2013, Ekpema visited New Orleans, and unable to contact the defendants, she went to the clerk’s office of the Orleans Parish Civil Distrct Court to review the status of her claim. She found it had been dismissed on Jan. 31, 2012 in response to a motion filed by the attorney for the Sewerage and Water Board since no party had taken any action in the furtherance of the prosecution or defense for over three years. The last action taken had been Jan. 26, 2009.

Ekpema issuing for damages including loss of verdict, settlement or award and interest and costs plaintiff would have received but for the negligence of defendants and psychological and emotional pain and distress.

Plaintiff is represented by attorney Daniel J Mackel Jr. of New Orleans.

Case is assigned to Division F Judge Christopher J. Bruno.

Case no. 2014-00729.

NEW ORLEANS – A local man is suing individuals he claims severely beat him outside Jax Brewery, leaving him with brain damage.

Mason Salles filed suit against Richard Bienvenu IV, Brock R. Miramon and Alexander K. Riecke in the Orleans Parish Civil District Court on Jan. 21.

The suit alleges that late Jan. 28 or early morning on Jan. 29, 2012, the defendants “savagely” beat Salles in the Jax Brewery parking lot. Salles had been a customer at Jax Brewery Bistro and Bar that evening, as had the defendants whom Salles claims were underage. The plaintiff claims the beating was severe and required immediate and extended hospitalization in an intensive care unit.

The defendants are accused of intentional and malicious acts in the attack which resulted in severe personal injuries including a closed head injury to his brain.

Unspecified damages requested include medical expenses, pain and suffering including permanent brain damages, mental pain and anguish, physical disability, loss of wages, loss of enjoyment of life and loss of earning capacity.

The plaintiff is represented by attorney Edward S. Bopp of Mandeville.

Case is assigned to Division L Judge Kern A Reese.

Case no. 2014-00724.

NEW ORLEANS – A patient is suing her former doctor after she learned her neck surgery was allegedly improperly performed.

Suson Pardew Shaw filed suit against Kenneth N. Adatto M.D. and Orleans Orthopaedic Associates LLC in the Orleans Parish Civil District Court.

According to the suit, Adatto operated on Shaw on Dec. 12, 2007, performing an anterior cervical surgery with the placement of an intervertebral spacer. Adatto allegedly recommended the surgery after Shaw complained of neck pain and other upper extremity problems. Shaw asserts she continued to have pain and problems with her neck after surgery and continued to go to see Adatto, last seeing him on Sept. 29, 2008, at which time Adatto assured Shaw that the spacer was in good position and alignment, the suit claims.

On Nov. 21, 2008, after moving to Baton Rouge, Shaw saw Dr. Kevin McCarthy, a spine fellowship trained orthopaedic surgeon. McCarthy informed Shaw that the spacer was placed anteriorly which was not in proper position. Shaw then had to have a corrective surgery performed by McCarthy, the suit says.

Adatto and Orleans Orthopaedic Associates are accused of failing to perform the December 2007 surgery properly, improperly placing an intervertebral spacer and failing to realize the intervertebral spacer was not place properly.

Shaw is suing for damages including physical injury, impairment of function and disability, mental anguish, humiliation, inconvenience and distress, pain and suffering, loss of enjoyment of life, medical expenses and loss of future earning capacity.

Shaw is represented by David Abboud Thomas of Baton Rouge-based Walters, Papillion, Thomas, and Cullen LLC.

Case is assigned to Division I Judge Piper D. Griffin.

Case no. 2014-00791.

NEW ORLEANS – A subcontractor is suing its contractor g- smii they failing on Yacht Harbor project. Industrial and Mechanical Contractors, Inc. filed suit against Precision Construction & Maintenance LLC and Employers Mutual Casualty Company in the Orleans Parish Civil District Court on Jan. 23.

According to the suit, IMC agreed to perform subcontract work on a cost-plus basis for Precision at the Municipal Yacht Harbor Administration Building project. IMC alleges that Employers issued a payment and performance bond to Precision whereby Employers became obligated to guarantee and pay the obligations of Precision with respect to work on the project. IMC claims it has complete its contracted work and is currently owed $13,331 plus interest for its work, including labor and materials it provided to the project. A sworn statement of claim and privilege was filed by IMC on March 7, 2013.

The plaintiff is represented by attorney Clarence F. Favret III of New Orleans.

Employers is represented by attorneys Christopher J. Weema and Maura Z. Pelleteri.

Precision answered the suit on March 19, claiming they are not required to pay IMC until they have been paid by the owners of the project, the City of New Orleans.

Precision is represented by Michael D. Peytavin of Gaudry, Ranson, Higgins & Gremillion LLC.

Employers answered the case on March 28, asserting that they have no liability in the case as the City of New Orleans is obligated as payee.

Case is assigned to Division M Judge Paulette R. Irons.

Case no. 2014-00863.

NEW ORLEANS – A financial services company that claims a New Orleans-based currency exchange firm breached a contract has settled a lawsuit.

21^st Century Financial Services filed suit against Banco Latino Holding Company LLC and Pronto LLC in the Orleans Parish Civil District Court on Jan. 22.

Damages requested in the lawsuit amounted to $89,000 plus 1.5 percent interest.

On March 31, the plaintiff motioned for voluntary dismissal stating the matter was settled in full. The suit was dismissed without prejudice. Details of the settlement amount were not disclosed.

According to the suit, on Nov. 21, 2011 Banco Latino and Pronto contracted with 21^st Century for computer processing services, software, and other services. The contract was for three years, with a monthly servicing fee of $5,000. 21^st Century alleges that it provided services on a monthly basis, beginning in April 2012.

Between November 2012 and July 2013, 21^st Century claims it agreed to defer half of the monthly payments. In August 2013, the suit asserts that Banco Latino began making full service payments plus an additional $2,500 toward each deferred amount that was due. However, 21^st Century claims it terminated an agreement with 21^st Century in November 2013 without cause.

21^st Century is represented by Samuel H. Winston of Jones Walker LLP.

The case was assigned to Division A Judge Tiffany G. Chase.

Case no. 2014-00819.

NEW ORLEANS— A woman who allegedly tripped and fell on shrimp while working as a waitress three years ago is suing a local doctor alleging she has no motor ability below her left knee due to a misdiagnosis in the emergency room.

Sandra Simmons, and husband Roger Washington, filed suit against Miguel Aguilera M.D. in the Orleans Parish Civil District Court on Feb. 7.

On Sept. 16, 2011, Simmons claims she slipped on a piece of shrimp while at work and landed on her left knee.  Affterward she alleges she was taken to Touro Hospital and examined by Aguilera who noted left knee pain and swelling. The plaintiff asserts Aguilera suspected a ligament injury but failed to procure the necessary knee immobilizer used in ligamentous exams and that he also allegedly failed to rule out the possibility of a serious knee injury including arterial injury.

Aguilera allegedly diagnosed Simmons with a knee contusion and released her with an ace wrap, crutches and pain pills.  The next day, Simmons went to the Tulane Medical Center emergency room with complaints of swelling, numbness, coldness and the inability to move her left leg from the knee down. She was immediately diagnosed with an arterial injury and given vascular surgery requiring multiple screws and parts to be put in her knee. Simmons’ operating physician advised further reconstruction and she stayed in the ICU for 10 days before transferring to St. Theresa Specialty Hospital for long-term care.

A medical review panel convened on Nov. 21, 2013 to investigate the plaintiff’s case.  Simmons claims she currently has a left foot drop, no motor and sensory function below her left knee, permanent swelling and is experiencing constant pain.

Simmons is accusing Aguilera of failing to  properly diagnose and treat her injury in a timely manner, rule out arterial injury, order appropriate labs and diagnostics, admit her for further evaluation, provide the necessary devices to protect her given the suspected ligamentous injury and perform neurovascular checks.

The plaintiffs are seeking at least $50,000 dollars in damages for Simmons’ physical injury, mental anguish, medical expenses, income loss and earning capacity, permanent disability, severe disfigurement and lost chance for a better recovery.

Simmons and Washington are represented by attorney James A. Marchand of Covington.

The case has been assigned to Division I Chief Judge Piper D. Griffin.

Case no. 2014-1351.

NEW ORLEANS – A Bourbon Street novelty shop is suing the city after a negative ruling from the Department of Safety and Permits over its ability to sell souvenirs.

Evelyn S. Barthelemy Trust, Anglade 500 Properties, LLC, 522 Bourbon, LLC and 713 Bourbon, LLC,  Syed Rizwan and Bourbon Street Novelties filed a petition for writ of certiorari and judicial review to city of New Orleans’ Department of Safety and Permits (DSP) appealing administrative adjudication in the Orleans Parish Civil District Court on Jan. 23.

According to the suit, 522 ½ Bourbon is owned by Trust and Anglade 500 Properties, and leased by 522 Bourbon and subleased by 713 Bourbon. Syed Rizwan operates a business called Bourbon Novelties at that address.

The suit alleges that on Jan 23, 2013 Rizwan was issued an occupational license to operate a general merchandise store at 522 ½ Bourbon St. in New Orleans. He claims to have operated the store without event until Oct. 15, 2013 when inspector Devra Goldstein of the DSP checked the store for compliance with the Comprehensive Zoning Ordinance. That day, Rizwan alleges that the city notified Bourbon Novelties that it was in violation of the ordinance. On Dec. 11, 2013, the city conducted an administrative adjudication to prosecute the alleged zoning violation where Anglade 500 Properties was ordered pay a fine of $500 plus hearing cost of $75.

The petitioners claim that the DSP is not consistent with its findings and that it erred in its case.

They claim that the ordinance does allow some retailers to sell some items deemed “souvenirs” and or “t-shirts.” Furthermore, the plaintiff argues that at no time during the administrative adjudication did the City make or present detailed calculations or sales information on what ratio of souvenir items to permitted items existed. The suit alleges that the judgment overstepped authority by ordering they “remove all inventory deemed a souvenir as defined by the” orginance.

The petitioners are seeking a writ of certiorari to review the decision, a reversal of guilty finding and award of costs incurred.

The petitioners are represented by D’Juan M. Hernandez of New Orleans.

On Feb. 10, Evelyn Trust, Anglade 500 Properties and 522 Bourbon LLC requested to be removed as petitioners.

The City of New Orleans is represented by Christy C. Harowski, Deputy City Attorney and Sharonda R. Williams, City Attorney.

The case is assigned to Division I Judge Piper D. Griffin.

Case no. 2014-00892.

NEW ORLEANS – A local energy company is suing the New Orleans Sewerage & Water Board over damages to its facilities.

Entergy New Orleans Inc. filed suit against the New Orleans Sewerage & Water Board and its insurer in the Orleans Parish Civil District Court on Jan. 23.

On Jan. 23, 2013, Entergy claims the New Orleans Sewerage & Water Board caused damage to Entergy facilities located at 6809 Memphis in New Orleans. As a result, Entergy alleges it has incurred costs to repair and reconstruct its facilities that total $1,425.30.

The New Orleans Sewerage & Water Board is accused of negligent destruction of property, failure to inspect work area, and failure to maintain proper control of its construction equipment.

The plaintiff is represented by attorney W. Scott Brown.

The case has been assigned to Division F Judge Christopher J. Bruno.

Case no. 2014-00893.

NEW ORLEANS – A local woman is suing her doctor and medical facility claiming she suffered brain damage due to high blood pressure.

Mary Fitzpatrick filed suit against Mack R. Holdiness M.D., River Oaks Inc., also known as River Oaks Hospital and River Oaks Child and Adolescent Hospital in the Orleans Parish Civil District Court on Jan. 23.

The suit alleges that on Dec. 6, 2009, Fitzpatrick was transferred from Tulane Hospital to River Oaks, where she voluntarily admitted herself. Her diagnosis was allegedly “suicidal ideation, depression and dystonic marital life,” the lawsuit states. She claims she had a pre-existing history of hypertension and was placed on Paxil for depression and Antabuse for alcohol abuse. Fitzpatrick alleges that her blood pressure began to rise during her stay at River Oaks, and despite consulting with Holdiness on Dec. 9, she was not put on a hypertension medication.

At 10 p.m. on Dec. 13, 2009 Fitzpatrick asserts she began complaining of severe headache, blurred vision, unsteady gait and nausea. She claims she had elevated blood pressure, so the midnight staff contacted the doctor on call, who ordered that Fitzpatrick be given and a 25 milligram oral dose of Capoten. The suit asserts that the staff then contacted Holdiness and advised him of her condition and treatment. He ordered that she be transferred to the East Jefferson General Hospital emergency room via ambulance at 12:05 am. After half an hour at the emergency room, Fitpatrick claims she still had extremely elevated blood pressure. She asserts hospital staff also noted her to have excessive cerebral edema of primarily posterior circulation with subdural hemorrhage layered across the tenurium and hemorrhage to the posterior left occipital area. The suit claims that by not getting her blood pressure under control River Oaks and Holdiness violated proper standard of care.

The suit claims Fitzpatrick suffered permanent damage to her brain and nervous system including neurological damage and deficit, permanent vision loss and other significant cognizant and neurological deficits.

Fitzpatrick is suing for damages including pain and suffering, mental anguish, humiliation and embarrassment, medical expenses, lost wages, earning capacity, permanent disability and loss of function and loss of enjoyment of life.

Fitzpatrick is represented by attorney Mark W. Smith of Metairie.

Holdiness answered the suit and demanded a jury trial on March 13, 2014. He argues that he is a duly qualified health care provider, entitled to all the benefits of Louisiana Medical Malpractice Act, including $100,000 limitation of liability. He claims that a Medical Review Panel rendered an opinion on Nov. 12, 2013, unanimously stating that Holdiness complied with the standard of care in his treatment.

He later amended his answer to include the argument that the Orleans Civil District Court constitutes an improper venue as he is not a resident of Orleans Parish.

Holdiness is represented by attorney Harvey J. Godofsky of Batiza, Godofsky & Schroeder.

River Oaks answered the suit by claiming improper venue because River Oaks is located in Harahan, in Jefferson Parish, not Orleans.

River Oaks is represented by attorneys David A. Bowling and Zachary R. Christiansen of New Orleans.

The case is assigned to Division I Judge Christopher J. Bruno.

Case no. 2014-00885.