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

VERDIN v. FEDERAL EXPRESS CORPORATION 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: 
2:11-cv-02460 Search Pacer
ACE Group party(s): 
Opposing Party: 
Kelly M Verdin
Court Type: 
Federal
US District Court: 
Eastern District of Louisiana
Date Filed: 
Sep 29 2011

"1.Made defendants herein are:
Federal Express Corporation, a foreign corporation authorized to do and doing business in the Parish of Terrebonne, State of Louisiana; and Ace American Insurance Company, a foreign insurer doing business in the State of Louisiana;

2. Defendants herein are jointly and solidarity liable and indebted unto petitioner 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, for the following to-wit:

3. On or about October 12,2010, Plaintiff Kelly P. Verdln, was travelling west in the right lane on LA 57, Grand Caillou Rd., near its intersection with Grande Street

4. At the same time, Earl Short, who was employed by Defendant Federal Express Corporation and in the course and scope of said employment, exited the parking lot of S & T Grocery, crossed the east bound lanes of LA 57 and proceeded to travel westward on LA 57 into the right lane at which time he struck Plaintiff's vehicle.

5. At all material times herein. Earl Short was engaged in the course and scope of his duties with Federal Express Corporation such that Federal Express Corporation Is liable for the actions of their employee.

6. A proximate cause of the above referenced accident was the negligence of Defendant, Federal Express Corporation's, employee which is attributed to, but not limited to, the following:
a) Failing to sec what he should have seen;
b) Failing lo keep a prudent and careful lookout;
c) Ioattentiveness;
d) Operating a vehicle in a careless and reckless manner without regard for the safety of others; and
e) Any and all other acts of negligence which may he proven at trial of this matter.

7. At the time of the accident in question, Defendant, Ace American Insurance Company, provided a policy of liability insurance covering the vehicle being operated on behalf of defendant, which policy provided coverage for the type of lawsuit upon herein, thus rendering the said defendant, liable unto petitioner with the other named defendants.

8. As a result of the above accident Plaintiff, Kelly P. Verdfa, suffered injuries to her neck, right shoulder and lower back and is entitled to recover such damages as are reasonable under the premises, including but not limited to, past, present and future pain and suffering, medical expenses and past and future loss of eammgs/eaxnings capacity.

9. WHEREFORE, Petitioner prays that the Defendants be duly cited and served with a copy of this petition and, after all legal delays are had, there be judgment in favor of Petitioner and against the Defendants jointly and insolldo In the amounts as are reasonable in die premises, together with legal interest thereof from date of judicial demand, until paid, and for all costs of these proceedings. Petitioner further prays for all 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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