DEICHMANN v. ACE AMERICAN INSURANCE COMPANY et al
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PETITION FOR DAMAGES
NOW INTO COURT, through undersigned counsel, comes Michael Deichmann, a
person of the full age of majority and domiciled in Jefferson, Louisiana, who with respect
Made defendants herein are:
Ace American Insurance Company, a foreign insurance company authorized
to do and doing business in the State of Louisiana and within the jurisdiction
of this Court on October 9, 2014;
Kevin Moore, a person of the full age of majority and a domiciliary of Mobile,
Alabama, who by accepting the rights and privileges conferred by existing
laws to operate a motor vehicle on the public highways of the State of
Louisiana, has appointed the Secretary of State of Louisiana to be his true
and lawful attorney for service of process; and,
Chevron U.S.A. Inc., a foreign corporation domiciled in Philadelphia,
Pennsylvania and doing business in the State of Louisiana and within the
jurisdiction of this Court on October 9, 2014; and,
Chevron Pipe Line Company, a foreign company domiciled in Wilmington
Delaware, and doing business in the State of Louisiana and within the
jurisdiction of this Court on October 9, 2014.
Defendants are indebted unto your petitioner, jointly and in solido, for an amount
reasonable in the premises, exclusive of interest and costs, together with all costs of these
proceedings and legal interest from the date of judicial demand until paid, for the following:
At all times mentioned herein, defendant, Ace American Insurance Company had
a liability policy of insurance, believed to be policy No. SAH08685241, which provided
coverage to Kevin Moore, Chevron Pipe Line Company, Chevron U.S.A. Inc., and/or the
vehicle being operated by Kevin Moore at the time of the October 9, 2014 accident, which
coverage insures to the benefit of the plaintiff under the provisions of the Louisiana Direct
Action Statute, La. R.S. 22:1269, which statute also renders defendant, Ace American
Insurance Company, solidarily liable with its insureds and provides plaintiff with the right
of direct action on said policy.
On October 9,2014, petitioner, Michael Deichmann, who owned and was operating
a 2003 Ford Explorer was towing his boat on his trailer while traveling north in the right lane
of LA 23/Belle Chasse Highway in Jefferson Parish, Louisiana.
On October 9, 2014 when Mr. Deichmann came to a stop due to traffic congestion
in the right lane of LA 23/Belle Chasse Highway, when Kevin Moore, who was permissively
operating a motor vehicle, believed to be a 2012 Ford F-150 owned by Chevron U.S.A.
Inc., who was also traveling north in the right lane of LA 23/Belle Chasse Highway behind
Mr. Deichmann, rear-ended the boatand/ortrailerthatMr. Deichmann was towing, pushing
the boat and/or trailer into the back of his 2003 Ford Explorer, causing injuries to Mr.
Upon in formation and belief, at the time of the October 9, 2014 accident, Kevin
Moore was in the course and scope of his employment, on a mission or errand for, and/or
acting on behalf of Chevron U.S.A. Inc., and/or Chevron Pipe Line Company thus making
Chevron U.S.A. Inc., and/or Chevron Pipe Line Company vicariously liable for the
negligence of Kevin Moore.
Petitioner avers that the sole and proximate cause of the accident was the
negligence of Kevin Moore, which is imputed to his employer, Chevron U.S.A. Inc., and/or
Chevron Pipe Line Company both of whom are responsible and legally liable to petitioner
for petitioner’s said injuries and damages by virtue of its/his/her/their negligence and/or
legal fault in the following non-exclusive respects:
- Failure to maintain reasonable and proper control of his vehicle;
- Failure to keep a proper lookout;
- Driving in a careless and reckless manner;
- Failure to try to avoid the accident;
Failure to act as a prudent and reasonable person would under similar
- Failure to see what he should have seen;
- Following too closely;
- Failure to yield;
- Negligence per se; and,
- Inattentiveness while driving.
Plaintiff specifically invokes the presumption of negligence that arises against the following
driver in a rear-end collision.
Due to the negligence of defendant, Kevin Moore, which is imputed to his employer,
Chevron U.S.A. Inc., and/or Chevron Pipe Line Company, Michael Deichmann suffered
injuries to his body and mind including, but not limited to, mental anguish, and injuries to
his neck which causes pain across his neck and upper back, and pain that radiates down
into his left shoulder and periodically into his left arm and middle back.
Michael Deichmann avers that the defendants herein are liable to him for his
damages, including, but not necessarily limited to:
- Past medical expenses;
- Future medical expenses;
- Past pain and suffering;
- Future pain and suffering;
- Past mental and emotional anguish;
- Future mental and emotional anguish; and,
- Past and future loss of enjoyment of life.
Petitioner expects to have medical and other experts testify at the trial of this case
and asks that the fees for taking depositions and testimony be taxed as costs and
assessed against the defendants.
WHEREFORE, petitioner prays that the defendants be duly cited and served with
a copy of this petition and be made to appear and answer same, and, after due
proceedings had, there be judgment in favor of petitioner, Michael Deichmann, and against
defendants, Ace American Insurance Company, Chevron U.S.A. Inc., Chevron Pipe Line
Company and Kevin Moore, in such an amount as the Court deems appropriate to
compensate Michael Deichmann for his damages, together with legal interest from date
of judicial demand until paid, for all costs of these proceedings, and for all general and