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

HEBERT V. OMEGA PROTEIN, INC. 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: 
1:13-cv-00107 Search Pacer
ACE Group party(s): 
Opposing Party: 
Cynthia R. Hebert
Court Type: 
Federal
US District Court: 
Southern District of Mississippi
Date Filed: 
Apr 5 2013

CAUSES OF ACTION
COUNT I: OMEGA PROTEIN INTENTIONALLY INJURED
CHRISTOPHER HEBERT, DECEASED

19. By reference, each of the preceding paragraphs are adopted and incorporated herein.

20. Defendant Omega Protein engaged in intentional misconduct designed to bring about injury or death to Christopher A. Hebert, deceased. Defendant Omega Protein intentionally chose not have or implement machinery lockout equipment and safety rules regarding the single screw conveyor, which machinery caused the death of Christopher A. Hebert. Defendant Omega Protein intentionally chose to leave Christopher Hebert, deceased, unattended inside dangerous energized and active machinery. Further, Defendant Omega Protein intentionally activated the single screw conveyor with knowledge that Christopher A. Hebert was working inside the conveyor, which conduct was designed and intended to cause injury or death to Christopher A Hebert, deceased.

21. Defendant Omega Protein is liable to the Plaintiffs for the aforementioned intentional acts, which conduct caused the wrongful death of the decedent, Christopher A. Hebert, and the resulting injuries and damages suffered by the Plaintiffs as set forth in this Complaint.

COUNT II: ACE AMERICAN AND ESIS BREACHED
THEIR DUTY TO INSPECT

22. By reference, each of the preceding paragraphs are adopted and incorporated herein.

23. Upon information and belief, Defendant ACE American and ESIS through its contract(s) and/or policy(s) of insurance, undertook the duty to make safety inspections of the machinery of Defendant Omega Protein. Defendants ACE American and ESIS undertook the duty to render services to Omega Protein which ACE American and ESIS recognized as necessary for the protection of the employees of Omega Protein, like Christopher A. Hebert, deceased. Defendants ACE American and ESIS willfully, intentionally and with negligence and gross negligence evidencing careless disregard for the employees, like Christopher A. Hebert, deceased, breached their duties.

24. Upon information and belief, the employees of Defendant Omega Protein relied upon Defendants ACE American and ESIS to conduct safety inspections of the machinery at the Omega Protein Moss Point facility.

25. Defendants ACE American and ESIS are liable to the Plaintiffs for the aforementioned acts, and are liable for the following acts which conduct caused or contributed to cause the wrongful death of decedent, Christopher A. Hebert and the resulting injuries and damages suffered by the Plaintiffs:
a. Intentionally, negligently and/or grossly negligently failed to exercise reasonable care to protect Christopher A. Hebert;
b. Intentionally, negligently and/or grossly negligently increased the risk of injury and death to Christopher A. Hebert because of the failure to inspect the machinery;
c. Intentionally, negligently and/or grossly negligently failed to inspect machinery in a manner designed to protect employees, like Christopher A. Hebert, deceased;
d. Intentionally, negligently and/or grossly negligently failed to advise Omega Protein of the unreasonable dangerous conditions;
e. Intentionally, negligently and/or grossly negligently failed to make and implement safety rules and require installation of safety equipment;
f. Intentionally, negligently and/or grossly negligently failed to conduct follow-up inspections to make certain that the safety rules and safety equipment were in place.

COUNT III: ACE AMERICAN AND ESIS BREACHED THEIR DUTY TO
IMPLEMENT SAFETY RULES

26. By reference, each of the preceding paragraphs are adopted and incorporated herein.

27. Upon information and belief, Defendant ACE American and ESIS through its contract(s) and/or policy(s) of insurance, undertook the duty to implement safety rule regarding the operation of the machinery of Defendant Omega Protein. Defendants ACE American and ESIS undertook the duty to render services to Omega Protein which ACE American and ESIS recognized as necessary for the protection of the employees of Omega Protein, like Christopher
A. Hebert, deceased. Defendants ACE American and ESIS willfully, intentionally and with negligence and gross negligence evidencing careless disregard for the employees, like Christopher A. Hebert, deceased, breached their duties.

28. Upon information and belief, the employees of Defendant Omega Protein relied upon Defendants ACE American and ESIS to implement safety rules for the operation of the machinery at the Omega Protein Moss Point facility.

29. Defendants ACE American and ESIS are liable to the Plaintiffs for the aforementioned acts, and are liable for the following acts which conduct caused or contributed to cause the wrongful death of decedent, Christopher A. Hebert and the resulting injuries and damages suffered by the Plaintiffs:
a. Intentionally, negligently and/or grossly negligently failed to exercise reasonable care to protect Christopher A. Hebert;
b. Intentionally, negligently and/or grossly negligently increased the risk of injury and death to Christopher A. Hebert because of the failure to inspect the machinery;
c. Intentionally, negligently and/or grossly negligently failed to implement machinery lockout safety rules designed to protect employees, like Christopher A. Hebert;
d. Intentionally, negligently and/or grossly negligently failed to advise Omega Protein of the unreasonable dangerous conditions;
e. Intentionally, negligently and/or grossly negligently failed to make and implement safety rules and require installation of safety equipment;
f. Intentionally, negligently and/or grossly negligently failed to conduct follow-up inspections to make certain that the safety rules and safety equipment were in place.

COUNT IV: ACE AMERICAN AND ESIS BREACHED THEIR CONTRACT(S)
TO THE DETRIMENT OF INTENDED BENEFICIARY,
CHRISTOPHER A. HEBERT, DECEASED

30. By reference, each of the preceding paragraphs are adopted and incorporated herein.

31. Upon information and belief, Defendant ACE American and ESIS through its contract(s) and/or policy(s) of insurance, undertook the duty to inspect and implement safety rules regarding the operation of the machinery of Defendant Omega Protein. The intended beneficiaries of these contractual duties were the employees of Omega Protein, like Christopher A. Hebert, deceased. Defendants ACE American and ESIS willfully, intentionally and with negligence and gross negligence evidencing careless disregard breached their contract(s) and/or policy(s) of insurance to the determent of Christopher A. Hebert, deceased.

32. Defendants ACE American and ESIS are liable to the Plaintiffs for the aforementioned= breach of contract, and are liable for the following acts which conduct caused or contributed to cause the wrongful death of decedent, Christopher A. Hebert and the resulting injuries and damages suffered by the Plaintiffs:
a. Intentionally, negligently and/or grossly negligently failed to exercise reasonable care to protect Christopher A. Hebert, deceased;
b. Intentionally, negligently and/or grossly negligently increased the risk of injury and death to Christopher A. Hebert because of their breach of contract. DAMAGES

33. By reference, each of the preceding paragraphs are adopted and made part of the following as fully incorporated herein.

34. As a direct and proximate result of the above intentional misconduct of Defendant Omega Protein; all acts and omissions alleged against Defendants ACE American and ESIS; and the resulting wrongful death of Christopher A. Hebert deceased, Plaintiffs seek recovery for damages pursuant to Mississippi Code Annotated §11-7-13, as follows:
a. Funeral and burial expenses of the Decedent;
b. The value of loss of support and services of Christopher A. Hebert, deceased;
c. Present cash value of the loss of earnings of Christopher A. Hebert, deceased;
d. Loss of love, support, affection, consortium, society, and companionship of decedent suffered by the Plaintiffs;
e. Loss of support and earnings, and loss of future wage earning capacity, that Plaintiffs could expect from Christopher A. Hebert, deceased, during his lifetime;
f. Damages for the conscious pain, suffering, and mental stress and anxiety that Christopher A. Hebert, deceased, experienced as a result of his fatal injury;
g. Loss of love of life, and loss of hedonic value of life that Christopher A. Hebert, deceased, would have enjoyed during her life;
h. Plaintiffs' loss of enjoyment of life and loss of hedonic value of life as a result of the loss of Christopher A. Hebert, deceased;
i. Present net cash value of life expectancy of Christopher A. Hebert, deceased, and
j . Punitive damages.

35. As a result of the Defendants' actions and behavior, as set forth in each of the preceding paragraphs, Plaintiffs are entitled to the following damages:
a. Any and all damages set forth in the preceding paragraphs;
b. Compensatory Damages;
c. Actual Damages;
d. Punitive Damages;
e. Attorneys' fees and litigation costs;
f. Pre-judgment interest;
g. Post-judgment interest; and
h. Any other damages deemed allowable by this Court.

WHEREFORE, PREMISE CONSIDERED, Plaintiffs pray their Civil Complaint be received and filed, and that upon a trial by Jury of this cause, judgment be entered against the Defendants, and each of them, for any and all actual, compensatory, and punitive damages to which Plaintiffs are entitled, in an amount to be determined by the Jury. Plaintiffs further pray they be awarded pre-judgment interest and post-judgment interest in such an amount as is determined by this Court; any and all fees and costs of litigation; and all such other relief to which she may be entitled.

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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