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The Collaborative Clearinghouse for Lawsuits and Other Claims Against ACE Group Insurance Companies

AKINS v. ACE AMERICAN INSURANCE COMPANY et al

ATTENTION: It is possible that this information may no longer be current and therefore may be inaccurate. The index contains both open and closed cases and is not a complete list of cases in which an ACE Insurance Group company is involved. This information is provided to give interested persons an idea of the issues disputed in the indexed cases. For a full understanding of a case, one should read the rest of the court file, including the response. For the most up-to-date and complete information on a case, visit www.pacer.gov or contact the clerk of the relevant court.

Case Number: 
3:14-cv-00653 Search Pacer
ACE Group party(s): 
Opposing Party: 
Kristen Akins
Court Type: 
Federal
US District Court: 
Middle District of Louisiana
Date Filed: 
Oct 14 2014

1.
Venue is proper in this Court pursuant to the applicable provision of Article 42 of the
Louisiana Code of Civil Procedure being that Defendant is a foreign insurer.

THE PARTIES
2.
Plaintiff herein is Kristen Akins, (hereinafter "plaintiff" or "Ms. Akins") a major of
suitable age and discretion, residing in Livingston Parish.
3.
Defendants herein are as follows:
I, Taco Bell Corp. (hereinafter "Taco Bell"), a California corporation, with its
principal business office in Louisiana at 3905 Johnston Street, Lafayette,
Louisiana, doing business in this state, and which is amenable to service of
process upon its registered agent for service at CT CORPORATION
SYSTEM, 5615 Corporate Blvd., Ste. 400B, Baton Rouge, LA 70808.
mfif i> Ace American Insurance Company, (hereinafter "Ace American"), a foreign
^ 1 8 insurer, with its principle business office located in Pennsylvania, doing
gUi business in this state, and which is amendable to service of process through
" East Baton Rouge Parish Clerk of Court - C633060 PET/TORT INJURY

GENERAL FACTS
4.
On or about April 12,2014, at approximately 11:00 p.m., the plaintiff, Kristen Akins,
was preparing to sit down and eat her meal at Taco Bell, located at 418 Florida Avenue
Southeast, Denham Springs, Louisiana.
5.
As Ms. Akins was standing up getting napkins, she felt a drop of water on top of her
head and immediately thereafter a large, heavy ceiling tile fell directly onto her head and
neck.
6.
Ms. Akins sustained injuries to her neck and lower back as a result of the incident.
7.
Ms. Akins has had to seek medical treatment as a result of the injuries she
sustained and has undergone an MRI, the results of which show an L4-5 annular tear and
bulging discs, and L5-S1 annular tear and bulging discs.
8.
Upon information and belief, the defendants had advanced notice of the existence
of damage or defect to the ceiling yet failed to timely repair the ceiling.
9.
Defendant knew or should have known of the hazardous condition of the property
yet failed to exercise reasonable care, and the damages to the plaintiff could have been
prevented by the exercise of said reasonable care.
10.
The condition of the ceiling presented an unreasonable risk of harm to the plaintiff.
11.
Defendants), as the owner or person having custody of immovable property, has
12.
Defendant is an invitor.
13.
Defendant had custody over the property located at 418 Florida Avenue Southeast,
Denham Springs, Louisiana.
14.

FIRST CLAIM FOR RELIEF
NEGLIGENCE
Plaintiff seeks relief under La. C.C. arts. 2315 and 2322 of the Louisiana Civil Code,
which injuries were occasioned by the negligent acts and /or omissions of the Defendants
herein.
15.

SECOND CLAIM FOR RELIEF
RESPONDEAT SUPERIOR
An employer is liable pursuant to the doctrine of respondeat superiorfor the tortious
acts committed against third parties by its employees during the course and scope of their
employment and while under its control, direction and supervision pursuant to La. C.C.
arts. 2317 and 2320.
16.

THIRD CLAIM FOR RELIEF
RES IPSA
Plaintiff specifically pleads the doctrine of res ipsa loquitur.
17.

FOURTH CLAIM FOR RELIEF
DEFECTIVE PREMISES
Defendant is liable to Plaintiff, Ms. Akins, pursuant to La. C.C. art. 2317.1,2223 and
18.

DAMAGES
Due to the acts and/or omissions of the Defendant, Ms. Akins has suffered and
continues to suffer from severe injuries, which include, but are not limited to, the following:
a. Physical Pain and Suffering;
b. Past Present and Future Medical Expenses;
c. Permanent physical impairment and disability;
d. Mental Anguish and Emotional Suffering;
e. Aggravation and Inconvenience;
f. Continual pain and suffering in an amount proper in the premise.
And other such damages as may be allowed under the La. C.C. Book III, Chapter 3.
19.
PRAYER
WHEREFORE, Plaintiff prays that service and citation be made upon the
Defendants, that all parties be provided notice of all rulings and hearings set by the court,
and that after all legal delays and due proceedings are had there be judgment in favor of
Plaintiff, and against all Defendants, for all sums reasonable within the premises, together
fees, judicial interest from date of demand, and all costs of these prayer.

The provided text is an excerpt from a document filed in this case. For a full understanding of the case, one should read the complete court file, including the response.

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