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

LAVERGNE v. HATCHER 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: 
1:11-cv-00574 Search Pacer
ACE Group party(s): 
Opposing Party: 
Arline C. Lavergne
Court Type: 
Federal
US District Court: 
Southern District of Alabama
Date Filed: 
Oct 6 2011

"I. Made Defendants herein are:

a. Stanley Jay Hatcher (hereinafter referred to as “Tortfeasor”); a lawful resident of the state of Alabama, who can be served at 12150 Turkey Farm Road, Grand Bay, Alabama 36541;
b. Ace American Insurance Company (hereinafter referred to as “Ace”), in its capacity as the uninsured/underinsured motorist carrier of Plaintiff, a Pennsylvania corporation with its principal place of business located at 436 Walnut Street, Philadelphia, Pennsylvania, 19106; and
c. Zurich American Insurance Company (hereinafter referred to as “Zurich”), in its capacity as the uninsured/underinsured motorist carrier of Plaintiff, an New York corporation with its principal place of business located at One Liberty Plaza, 165 Broadway, 32nd Floor New York, New York 10006.

II. This Court has jurisdiction over this matter due to diversity of citizenship of the parties and the value of this matter exceeds the minimum jurisdictional amount of this Court.

III. Venue is proper as one of the parties resides in this judicial district and the accident occurred within the Southern District of Alabama.

IV. Defendants are indebted jointly, severally and in solido, unto Plaintiff for an amount reasonable in the premises and all costs of these proceedings, plus legal interest from the date of judicial demand until paid.

V. Defendants are liable unto Plaintiff, in solido, in the full sum and amount of damages as are reasonable in the premises to be proven at the trial on the merits of this matter, until paid and for all cost of these proceedings for the reasons outlined as follows herein.

VI. On or about August 18, 2010, Tortfeasor operated his motor vehicle on US Highway 90 (hereinafter referred to as “the roadway”) in Mobile, Alabama.

VII. At all relevant times herein, Plaintiff was operating a truck, with permission of Larry James Patin (hereinafter referred to as “Owner”), in the course and scope of employment with Ace Transportation, LLC (hereinafter referred to as “Employer”) on the roadway, when Tortfeasor’s vehicle struck the vehicle driven and occupied by Plaintiff causing Plaintiffs’ injuries and damages.

VIII. Plaintiff was totally free from any fault whatsoever in causing or contributing to the crash.

IX. Upon information and belief and at all times relevant herein, the aforementioned accident and/or collision were caused totally, solely and/or concurrently through the negligence and/or fault of the Defendants in the following non-exclusive particulars, to-wit:
a. Operating a motor vehicle in an unsafe manner;
b. Inattentiveness;
c. Failure to maintain a proper lookout;
d. Careless operation of a motor vehicle;
e. Failure to discharge any and all duties owed to a person in the capacity of Plaintiffs; and
f. Violations of laws, statutes and/or regulations designed for the safety of the motoring public and/or their motor vehicles.
X. Plaintiff itemizes past, present and future damages to include but not be limited to the following:
a. Medical Expenses;
b. Loss of earnings and impaired earning capacity;
c. Physical pain and suffering;
d. Humiliation;
e. Shame;
f. Embarrassment;
g. Isolation;
h. Despair;
i. Loss of Mobility;
j. Mental distress, worry and anxiety;
k. Emotional trauma and insecurity;
l. Permanent disability and inconvenience;
m. Scarring and disfigurement;
n. Loss of enjoyment of life;
o. Punitive and Exemplary Damages;
p. Attorney’s Fees;
q. Legal interest from the date of judicial demand; and
r. All costs of court and expenses incurred in the prosecution of this litigation.

XI. At all times mentioned herein, Ace issued a policy of uninsured motorist coverage that was in full force and effect and extended coverage for the injuries and damages sustained by the Plaintiff.

XII. At all times mentioned herein, Zurich issued a policy of uninsured motorist coverage that was in full force and effect and extended coverage for the injuries and damages sustained by the Plaintiff.

XIII. At all times mentioned herein, ABC Insurance Company issued a policy of uninsured motorist coverage that was in full force and effect and extended coverage for the injuries and damages sustained by the Plaintiff.

XIV. Plaintiff is entitled to and hereby request that Defendants produce for inspection, the original or a certified copy of all insurance policies which were issued and arguably provide coverage for accident and damages complained of herein, said policy(ies) to be produced within thirty (30) days to The Daniel Law Firm, Counsel For Plaintiff(s).

XV. Plaintiff prays that:
a. Defendants be duly summoned and served with a copy of this Amending and SupersedingComplaint For Damages;
b. After all legal delays and due proceedings be had, there be judgment rendered herein in favor of Plaintiff and against Defendants, jointly, severally and in solido, in the full and true sum of an amount reasonable in the premises, maintenance, cure, punitive damages, attorneys’ fees, plus legal interest thereon from the date of incident until paid, all costs of these proceedings and all other equitable and just relief;
c. Plaintiff be given Notice of Judgment, Trial and all steps and action taken in this litigation under Federal Rules of Civil Procedure.
Respectfully submitted:"

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.

Javascript is required to view this map.