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

MALDONADO v. BANKERS STANDARD 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-06644 Search Pacer
ACE Group party(s): 
Opposing Party: 
Paul Maldonado
Court Type: 
Federal
US District Court: 
Eastern District of Louisiana
Date Filed: 
Dec 9 2015

A.
The first named defendant is Bankers Standard Insurance Company, who, upon
information and belief, is a foreign insurance company, licensed to do and doing business in this
Parish and State, and who, upon information and belief, at all times mentioned herein, had in full
force and effect a policy of liability insurance covering BRADLEY THORNTON
vehicle driven by him (Toyota Camry) for all claims asserted herein. The contents ot said
insurance policy are presently unknown to petitioner and best knoRi&feKdants?Ca5d7fltp pUdi4.00
herein as if copied in extenso.    
The second named defendant is BRADLEY THORNTON of the full age of
majority and domiciled in the State of Louisiana at the time of this incident, who was the operator of a Toyota Camry automobile involved in the incident made the basis of this lawsuit.
C.
All of the aforementioned defendants are jointly, severally and in so lido liable unto
Petitioner PAUL MALDONADO for the damages complained of herein under Louisiana Civil
Code Article 2315 and Louisiana Law for the following reasons, to-wit:
II.
On or about March 20, 2015, Petitioner PAUL MALDONADO was driving his vehicle
(Chevrolet Malibu) carefully and prudently and was stopped at a red light at the intersection of
Claiborne and Napoleon, when suddenly, unexpectedly and without warning he was rear-ended
by the vehicle operated by Bradley Thornton, and insured by Bankers Standard Insurance
Company, which collision caused petition serious bodily injury.
III.
At the time of the collision made the basis of this lawsuit, BANKERS STANDARD
INSURANCE COMPANY, provided automobile liability insurance coverage to Brad Thornton
and the vehicle he was driving. This insurer is being sued under the Louisiana Direct Action
Statute.
IV.
The aforementioned collision caused serious bodily injury to PAUL MALDONADO,
including, but not limited to back, neck and other injuries and pain and damages to be shown at
the time of trial, including any conditions later shown on medical reports or discovered by his
doctors.
V.
Defendant, BRADLEY THORNTON, is liable for his own negligence under Article 2315
of the Louisiana Civil Code, (imputed to employer and/or agents if any and insurer) which
negligence includes, but is not limited to, the following:
A.    Failure to keep a proper lookout;
B.    Failure to maintain control of the vehicle;
C.    Failure to stop in traffic when he should have;
D.    Failure to see what should have been seen;
E.    Being inattentive while operating a motor vehicle;
F.    Failure to brake in time before rear-ending petitioner’s automobile;
G.    Impacting the vehicle occupied by petitioner;
H.    Driving into plaintiff and the vehicle he occupied and/or was near when it was
not safe to do so;
I.    Traveling in an excessive rate of speed for existing traveling conditions;
J.    Any and all other acts of negligence and/or legal fault that are discovered and
shown at the trial of this matter, including violations of City Ordinances and State
Statutes.
VI.
Petitioner, PAUL MALDONADO, is entitled to compensation in an amount sufficient to
reasonably compensate him for the following general and specific damages, which include, but
are not limited to, the following:
A.    Past, present and future physical pain, suffering and loss of function;
B.    Past, present and future mental pain, anguish and suffering;
C.    Past, present and future medical expenses which include, but are not limited to,
rehabilitation costs, doctor bills, hospital bills, medical tests, pharmaceutical bills,
laboratory examinations, physical examination costs, diagnostic studies, and
prosthesis;
D.    Past, present and future loss of wages, including, but not limited to, loss of salary,
fringe benefits, vacation, sick leave, overtime, parking, health and hospitalization
insurance and disability coverage;
E.    Permanent disability to the musculature, ligaments and bones of the body and
permanent scarring and disfigurement;
F.    General damages cognizable by the laws of Louisiana and its Constitution, as to
all parties.
H.    Any and all other damages to be shown at the trial of this matter, including
property damages if not paid to date.
VII.
Petitioner avers amicable demand to no avail.
WHEREFORE, Petitioner, PAUL MALDONADO, prays that defendants, BANKERS
STANDARD INSURANCE COMPANY and BRADLEY THORNTON, be duly cited and
served with a copy of this petition to appear and answer same, and, after all legal delays and due
proceedings are had, that there be judgment herein in favor of petitioner, PAUL MALDONADO,

and against defendants, BANKERS STANDARD INSURANCE COMPANY and BRADLEY
THORNTON, jointly, severally and in solido, in an amount reasonably calculated to compensate
judicial demand.

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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