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

BROWN 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: 
2:15-cv-01231 Search Pacer
ACE Group party(s): 
Opposing Party: 
Shinnah Brown
Court Type: 
Federal
US District Court: 
Eastern District of Louisiana
Date Filed: 
Apr 20 2015

PETITION FOR DAMAGES FOR WRONGFUL DEATH AND SURVIVAL
NOW INTO COURT, through undersigned counsel, comes Plaintiff, Shinnah
Brown, a person of the full age of majority and a resident of and domiciled in the Parish of
Orleans, State of Louisiana, who, with respect, shows the Court as follows:
Plaintiff, Shinnah Brown, is the surviving spouse of decedent, Kirtland A. Rush, Jr.,
who was not survived by any children, and, therefore, she is the proper party plaintiff to
bring the present action pursuant to La. Civ, Code Arts. 2315.1 and 2315.2.
II.
That made Defendants herein are: ACE AMERICAN INSURANCE COMPANY,
a foreign insurance company authorized to do and doing business in the State of Louisiana;
EAN HOLDINGS, L.L.C., d/b/a NATIONAL CAR RENTAL, a foreign limited liability
company authorized to do and doing business in the State of Louisiana; and CORDELL S.
VIEHWEG, upon information and belief, a person of the full age of majority and a resident
of and domiciled in the County of Chesapeake City, State of Virginia. That Defendants are
liable to Plaintiff jointly and/or in solido for the following:
111.
That on or about May 7, 2014 at approximately 11:00 a.m., Kirtland A. Rush, Jr. was
operating his 2012 Honda CBR motorcycle in an easterly direction on Opelousas Avenue,
near its intersection with Atlantic Avenue, in the Parish of Orleans, State of Louisiana.
IV.
That at approximately the same time and at the same location as referenced above,
Defendant, Cordell S. Viehweg, was operating a 2014 Dodge Journey, with the permission
and consent of its owner, Defendant, EAN Holdings, L.L.C. d/b/a National Car Rental, in a
southerly direction, on Atlantic Avenue, near its intersection with Opelousas Avenue, in the
Parish of Orleans, State of Louisiana.
V.
That at approximately the same time and at the same location as referenced above,
Defendant, Cordell S. Viehweg, suddenly and without warning and without first checking to
see if it was safe to do so, attempted to proceed through the intersection of Atlantic Avenue
and Opelousas Avenue without yielding to oncoming traffic and caused a serious collision
between his vehicle and the vehicle operated by Kirtland A. Rush, Jr.
VI.
The aforesaid collision sued on herein was the fault of and proximately caused by
Defendant, Cordell S. Viehweg, in the following non-exclusive respects:
a.    By failing to yield and striking Kirtland A. Rush, Jr.’s vehicle;
b.    By violating New Orleans City Ordinance Sec. 154-482;
c.    By failing to maintain reasonable and proper control of said vehicle upon a
public road;
     In operating the vehicle under his control in a reckless and negligent
manner;
     By failing to see what should have been seen; and
     All other acts of fault which were the cause of the collision    sued upon and
will be shown at the trial of this matter.
VII.
Subsequent to the collision, Kirtland A. Rush, Jr. was carried by ambulance to the
LSU Interim Public Hospital where the physicians treated him medically for his
excruciatingly and extremely painful injuries until his death on May 10, 2014 at
approximately 4:00 a.m.
VIII.
As a result of Kirtland A. Rush, Jr.’s untimely death, and particularly under the
circumstances thereof, his wife, Shinnah Brown, Plaintiff herein, suffered extreme- grief,
mental anguish and distress; and as a result of Kirtland A. Rush, Jr.’s death, Plaintiff
Shinnah Brown, sustained an irreparable loss in being deprived of Kirtland A. Rush, jr.’s
companionship, support, love and affection.
IX.
Plaintiff, Shinnah Brown, shows that as a result of the aforesaid accident and
resulting death of Kirtland A. Rush, Jr., she has sustained the following damages:
a.    Grief, mental anguish, and stress from the loss of her husband;
b.    Loss of consortium, services and society;
c.    Loss of support;
d.    Funeral expenses, including but not limited to any expenses associated with
the burial of Charles Kirtland A, Rush, Jr. incurred either prior to or
subsequent to the actual burial of Kirtland A. Rush, Jr.;
e.    Hospital expenses;
f.    Medical expenses;
g.    All damages, including but not limited to, damages for injuries, medical
expenses and funeral expenses incurred as a result of the death of Kirtland A.
Rush, Jr., pursuant to LSA-C.C. Arts. 2315.1 and 2315.2; and,
h.    Any and all damages as are reasonable in the premises.
X.
Plaintiff shows that at all times mentioned herein there was in full force and effect
policies of insurance issued by Defendants, EAN Holdings, L.L.C. d/b/a National Car Rental
and/or Ace American Insurance Company, under the terms and conditions of which it
agreed to insure and indemnify Defendant, Cordell S. Viehweg, from the type of liability
asserted herein.
XI.
Plaintiff shows that the damages sued on herein exceed the jurisdictional limitation
for a trial by jury and federal jurisdiction.
Defendants, Ace
American Insurance Company, EAN Holdings, L.L.C. d/b/a National Car Rental and
Cordell S. Viehweg, be served with a certified copy of this Petition, and after being duly
cited to appear and answer hereto, and after the expiration of all legal delays and due
proceedings are had, that there be judgment rendered herein in favor of Plaintiff, Shinnah
Brown, and against Defendants, Ace American Insurance Company, EAN Holdings, L.L.C.
d/b/a National Car Rental and Cordell S. Viehweg, jointly and/or in solido, for damages as
are reasonable in the premises, said judgment to bear legal interest from the date of judicial
demand until paid, and for all costs of these proceedings and for all general and equitable
relief this Honorable Court may deem appropriate.
 

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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