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

LEBOUEF v. HEENAN 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-01520 Search Pacer
Opposing Party: 
Alyssa Lebouef
Court Type: 
Federal
US District Court: 
Eastern District of Louisiana
Date Filed: 
May 8 2015

PETITION FOR DAMAGES
The petition of plaintiff, ALYSSA LEBOUEF, individually and on behalf of her minor
child, GRACE LEBOUEF, of the foil age of majority, a resident of the parish of Terrebonne, State
of Louisiana, appearing herein through undersigned counsel of record, who respectfully represents
as follows,
I.
Made defendants herein are:
1)    BRYAN J. HEENAN, person of the foil age of majority, and a resident of Duncan,
Oklahoma; and
2)    ENERGY SERVICES INC., a foreign corporation, domiciled under the laws of the
State of Delaware, authorized to do and doing business in the State of Louisiana;
3)    ACE AMERICAN INSURANCE, a foreign insurer, authorized to do and doing
business in the State of Louisiana; and,
4)    PROGRESSIVE INSURANCE COMPANY, a foreign insurer authorized to do
and doing business in the Parish of Terrebonne, State of Louisiana as the insurance
provider of Alyssa Lebouef.
H.
The above named defendants are indebted individually, jointly and in solido to petitioner,
Alyssa Lebouef, individually and on behalf of her minor child, Grace Lebouef, for such damages
as are reasonable in the premises, together with legal interest from date of judicial demand until
paid and for all costs of these proceedings, by reason of the following:
ni.
On April 17, 2014, petitioner, Alyssa Lebouef, was operating a 2002 Ford Escort in a
southerly direction on Louisiana Highway 316, in the Parish of Lafourche, State of Louisiana, and
was at a complete stop due to congestion.
IV.
At the time and on the date mentioned above, defendant, Bryan Heenan, was operating a
2013 Ford F-350 truck owned by Energy Services Inc. in a southerly direction on Louisiana
Highway 316, in the Parish of Lafourche, State of Louisiana, when said defendant, Bryan Heenan,
who was in front of plaintiffs’ vehicle, suddenly and without warning backed into the front of the
plaintiffs’ vehicle as he was improperly backing up on Louisiana Highway 316 causing the inj uries
to plaintiffs herein.
V.
At the time and on the date mentioned above, defendant, Bryan Heenan, was operating the
2013 Ford F-350 truck in the course and scope of his employment for Energy Services, Inc., and
therefore. Energy Services, Inc. is liable unto plaintiffs pursuant to the doctrine of respondeat
superior.
VI.
At all times pertinent the defendants, Bryan Heenan and Energy Services, Inc., was insured
under a policy of liability insurance issued by defendant, Ace American Insurance Company,
which was in full force and effect at the time of the accident herein and provides liability coverage
for the plaintiffs damages.
vn.
A legal and proximate cause of the collision described above was the negligence and fault
of defendant, Bryan Heenan, in the operation of his vehicle, which negligence and fault consisted
of the following, non-exclusive particulars:
a)    Failure to maintain reasonable and proper control of the vehicle he was
operating;
b)    Failure to keep a proper lookout:
c)    Failure to see that which he should have seen;
d)    Operation of his vehicle in violation of Louisiana Revised Statute, La R.S.
32:281;
e)    Driving in an improper, imprudent, reckless and careless manner;
f)    Failure to pay proper attention to his driving duties;
g)    Striking petitioners vehicle; and
h)    Any and all other acts or omissions constituting negligence or fault which
may be proven at the trial of this action or discovered prior thereto.
vm.
As a result of the collision described above, petitioner, Alyssa Lebouef and her minor child
Grace Lebouef, suffered personal injuries including, but not limited to, serious and disabling
injuries which have caused and will continue to cause physical and mental pain, suffering,
discomfort and permanent disability.
IX. .
As a result of her injuries, petitioner, Alyssa Lebouef, has incurred medical and
pharmaceutical expenses for the treatment of her injuries, and on information and belief will incur
additional medical and pharmaceutical expenses for the future treatment of her injuries.
X.
At all times pertinent the plaintiff, Alyssa Lebouef, was insured under an
mrinsured/underinsured policy of insurance with Progressive Security Insurance Company and
which was in effect at the time of the accident that provides uninsured/underinsured motorist
insurance to the plaintiff.
XL
As a result of the personal injuries suffered by petitioner, petitioner has sustained damages as
follows:
a)    General damages, including past and future physical and mental pain,
suffering and discomfort permanent disability and disfigurement and loss
of enjoyment of life;
b)    Past and future medical and pharmaceutical expenses; and
c)    Past and future loss of income and loss of earning capacity.
WHEREFORE, petitioners, ALYSSA LEBOUEF, INDIVIDUALLY AND ON BEHALF OF
HER MINOR CHILD, GRACE LEBOUEF, pray that
I. The named defendants, BRYAN HEENAN, ENERGEY SERVICES, INC.,
ACE AMERICAN INSURANCE COMPANY AND PROGRESSIVE
SECURITY INSURANCE COMPANY, each be served with a certified copy of
this petition and cited to appear and answer same within fifteen (15) days of the
dale of such service;
II. After all due delays and legal proceedings are had, there be judgment rendered in
favor of petitioners, ALYSSA LEBOUEF, INDIVIDUALLY .AND ON
BEHALF OF HER MINOR CHILD, GRACE LEBOUEF, and against the
defendants, BRYAN HEENAN, ENERGEY SERVICES, INC., ACE
AMERICAN INSURANCE COMPANY AND PROGRESSIVE SECURITY
INSURANCE COMPANY, individually, jointly and in solido. for such damages
as are reasonable in the premises, together with legal interest from date of judicial
demand until paid, and for all costs of these proceedings;
III. For all genera! and equitable relief.
 

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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