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

BOUDREAUX 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: 
2:11-cv-01213 Search Pacer
ACE Group party(s): 
Opposing Party: 
Donna Boudreaux
Court Type: 
Federal
US District Court: 
Eastern District of Louisiana
Date Filed: 
May 23 2011

"IV. Plaintiff avers that all of the aforenamed defendants are justly and truly indebted unto plaintiff, jointly, severally, and in solido for the following reasons, to-wit:

V. On or about May 25, 2010, at approximately 4:30 p.m., plaintiff, Donna Boudreaux, was lawfully operating her 2000 Toyota Highlander while traveling in an easterly direction through
the intersection of 23rd Street and Greenwood Street, in the Parish of Jefferson, State of Louisiana.

VI.At the same time and place defendant, Shon E. Washington, was in the course and scope of his employment with defendant United Road Services, Inc., and operating the 2005 Peterbilt 18-wheeler truck at the intersection of 23rd Street and Greenwood.

VII. As plaintiff was driving through the intersection, defendant, Shon E. Washington, having traversed the intersection in a southerly direction, disregarding a stop sign in the process, began improperly backing-up his 18-wheeler truck through the intersection. As a result of the defendants improper backing through the intersection, there was a collision between the plaintiff and defendant.

VIII. Defendant, Shon E. Washington, is presumed to be at fault for improper backing pursuant to La. R.S.: 32:281, as well as for other reasons of fault, which negligence is imputable and imputed to the other named defendants, United Road Services, Inc., and Ace American Insurance Company because of the legal relationships existing among the parties herein.

IX.That at all times mentioned herein there was in full force and effect a policy of insurance issued by defendant, Ace American Insurance Company, under the terms and conditions of which it agreed to insure and indemnify defendants, United Road Services, Inc., and Shon E. Washington, from the type of liability asserted herein.

X. That as a result of the said accident plaintiff, Donna Boudreaux, has sustained physical injuries including but not limited to her wrist, shoulders, back and neck, which injuries include but are not limited to a disc bulge at the C5-6 level and a disc herniation/protrusion with annular tear at the L4-6 level; together with physical pain and suffering, mental anguish, distress, past, present and future medical expenses, loss of wages and/or earning capacity and is entitled to damages in an amount to be determined by the Court which is reasonable under the premises.

XL. Plaintiff brings this action under diversity of citizenship; the amount in controversy far exceeds $75,000 with the inclusion of special and general damages as well as costs.

XII. By reason of the foregoing, plaintiff has sustained damages in the sum of ONE MILLION DOLLARS.

WHEREFORE, plaintiff, Donna Boudreaux, prays that the defendants, United Road Services, Inc., Ace American Insurance Company and Shon E. Washington, be duly cited to appear and answer this complaint and that after due proceedings there be a judgment in favor of the plaintiff, Donna Boudreaux, in the full sum of ONE MILLION DOLLARS together with legal interest from the date of judicial demand, for all costs of these proceedings as well as all special and general damages and such other further and equitable relief as the justice of the cause may require against the said defendants, United Road Services, Inc., Ace American Insurance Company and Shon E. Washington, jointly, severally and in solido."

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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