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

SIMPSON et al v. NRG ENERGY, 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: 
3:15-cv-00862 Search Pacer
ACE Group party(s): 
Opposing Party: 
Valery Simpson
Court Type: 
Federal
US District Court: 
Middle District of Louisiana
Date Filed: 
Dec 28 2015

The Petition of Valery Simpson, individually, and Valery Simpson and Arthur Square, Jr.,
on behalf of her minor child, Arthur Square III, a major individual domiciled in the Parish of East
Baton Rouge, State of Louisiana, respectfully represents:

 

Defendants herein are:

NRG ENERGY, INC. (hereinafter referred to as “NRG Energy”), upon
information and belief, a foreign corporation licensed to do and doing business in
the State of Louisiana, with its agent for service of process being CT Corporation
System, 5615 Corporate Blvd., Ste. 400B, Baton Rouge, Louisiana;

ACE AMERICAN INSURANCE COMPANY (hereinafter referred to as “ACE
American”), or in the alternative, an affiliate thereof, a foreign insurance company
authorized to do and doing business in the State of Louisiana, with its agent for
services of process being the Honorable Tom Schedler, Secretary of State, State of
Louisiana; and

DARYL MILLER (hereinafter referred to as “Miller”), upon information and
belief, a major individual domiciled in Joliet, Illinois.

2.

dants, NRG Energy, Miller and ACE American, are justly and truly indebted, jointly
and in solido, unto petitioners in an amount that is just and reasonable under the premises, for all
elements of damage allowed by Louisiana law, with legal interest thereon from date of judicial
demand until paid, and for all costs of these proceedings, for the following, to wit:

3.

On or about May 7, 2015, Plaintiff Simpson was operating a 2002 Acura MDX traveling
southbound on LA Hwy. 19, in East Baton Rouge Parish, State of Louisiana, when her vehicle was
suddenly and without warning struck by a 2015 Toyota Camry rental vehicle, operated by
Defendant Miller. The sole cause of the accident was the fault of Miller.

REC’DCP.

NOV 10 2015

 

East Baton Rouge Parish Clerk of Court - C643893 PET/TORT INJURY Page 2 of 4

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4.

At the time of the above-described accident. Plaintiffs’ minor son, Arthur Square, III, was
a passenger in the Simpson vehicle.

5.

Due to the above-described accident, Valery Simpson and Arthur Square, III, suffered
permanent, painful and disabling injuries.

6.

The above-described accident and all of the Plaintiffs' resulting damages were proximately
caused by the fault and negligent acts and omissions of Defendant Miller, in the following non-
exclusive particulars:

  1. Breach of a legally imposed duty of care;
  2. In failing to keep his vehicle under proper control;
  3. In operating his vehicle in a wanton and reckless manner with no regard for the
    safety and rights of others;
  4. Failing to see what he should have seen and observe prevailing traffic conditions;
  5. In failing to avoid that which was directly in front of his path of travel; and
  6. Any and all other acts of negligence and omissions to be proven through the
    discovery or at the time of trial of this matter, all of which were in contravention of
    the exercise of due care and procedure.

7.

Upon information and belief, at all times pertinent hereto, Defendant Miller was employed
by and acting within the course and scope of his duties with Defendant NRG Energy, which, by
the virtue of the doctrine of respondeat superior and Louisiana Civil Code Article 2320, is liable,
in solido, with its employee Defendant Miller, and for his negligent acts and/or omissions and for
all amounts owed to Plaintiffs.

8.

Plaintiffs further allege that the accident and resulting injuries were caused by the
negligence and/or fault of Defendant NRG Energy for negligently entrusting the vehicle to
Defendant Miller and failing to train and supervise Defendant Miller in the proper use of the
vehicle.

 

East Baton Rouge Parish Clerk of Court - C643893 PET/TORT INJURY Page 3 of 4

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9.

Upon information and belief, at the time of the above-described accident, Defendant ACE
American had in full force and effect, a policy of automobile liability insurance, providing
coverage to Defendant Miller, as operator of the aforesaid vehicle and therefore. Defendant ACE
American is liable, in solido, with its insured unto the Plaintiffs for the damages sustained in and
arising from said collision.

 

10.

Plaintiffs claim such damages as are just and reasonable in the premises for past, present,
and future mental anguish, emotional distress, pain and suffering, medical expenses, lost wages,
loss of wage earning capacity, loss of enjoyment of life, physical disability, disfigurement, loss of
consortium, and all other elements of damage allowed by Louisiana law.

11.

Plaintiffs respectfully requests written notice to their counsel ten (10) days in advance of
the date fixed for trial or hearing on any exception, motion, rule or trial on the merits in this
proceeding pursuant to Louisiana Code of Civil Procedure Article 1572, and Plaintiffs further
request pursuant to Louisiana Code of Civil Procedure Articles 1913 and 1914 immediate notice
to their counsel of all interlocutory and final orders and judgments on any exceptions, motions,
rules or trial on the merits in these proceedings.

WHEREFORE, Plaintiffs, Valery Simpson, individually, Valery Simpson and Arthur

Square, Jr., on behalf of their minor child, Arthur Square, III, pray that Defendants Daryl Miller,
ACE American Insurance Company and NRG Energy, Inc., be duly cited and served with this
Petition for Damages, be required to appear and answer same within the delays provided by law,
and after all due proceedings are had, there be j^d^^jit rendered herein in favor of Plaintiffs, and
against Defendants for all such^ d^n^gg^^s are reason^e^ftte^I^iIsflS? with legal interest from
date of judicial demand until ^i^j^p^^Scosts of theE ^^efdfSI^^nd for all other general 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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