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

WARREN v. ACE PROPERTY AND CASUALTY 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: 
2:14-cv-02154 Search Pacer
Opposing Party: 
Emma Warren
Court Type: 
Federal
US District Court: 
Eastern District of Louisiana
Date Filed: 
Sep 19 2014

PETITION FOR DAMAGES

The petition of Emma Warren, domiciled in the Parish of Orleans, State of Louisiana, who,
with respect represents:
I.
Defendants in this action are:
Ace Property and Casualty Insurance Company, a foreign insurance corporation, authorized
to do and doing business in this Parish and State;
GCA Services Group, Inc., a foreign corporation, authorized to do and doing business in this
Parish and State;
GCA Education Services, Inc., a foreign corporation, authorized to do and doing business
in this Parish and State;
ESIS, Inc., a foreign corporation, authorized to do and doing business in this Parish and
State; and
John Doe, who upon information and belief is an individual domiciled in the Parish of
Orleans, State of Louisiana.
II.
Defendants are jointly and severally indebted unto your petitioner, Emma Warren, for all
sums as are reasonable in the premises, together with legal interest thereon, and for all costs of these
proceedings for the following, to-wil:
III,
On or about August 19,2013, petitioner, Emma Warren, was working as a teaching assistant
at Lake Area New Tech Early College High School in New Orleans, Louisiana. Petitioner stepped
into the kitchen attached to her classroom and was standing below kitchen cabinets. Sometime
before the staff reported for the new school year on or about August 5,2013, defendant, John Doe,
placed heavy metal chairs on top of the kitchen cabinets, and failed to remove same before the
school year began. As your petitioner was standing below the cabinets, suddenly and without
warning, one of the heavy metal chairs fell off the cabinet, striking your petitioner, causing her
injuries, which resulted in a two level cervical fusion and a scheduled arthroscopic shoulder surgery,
IV.
The sole proximate cause of the above-described accident was the negligent acts of
defendants, John Doe, GCA Services Group, Inc. and GCA Education Services, Inc. which consist
more particularly, but not exclusively, of the following:
A. Negligently placing heavy metal chairs on top of kitchen cabinets;
B. Failure to remove the heavy metal chairs from atop kitchen cabinets before the
beginning of the 2013 school year;
C. Failing to act in a reasonable prudent manner when moving and storing furniture,
including heavy metal chairs;
D. Negligent hiring and retention of their employee, John Doe;
E. Failing to train their employee, John Doe;
F. Failing to supervise their employee, John Doe;
G. Failing to establish adequate policies, practices and procedures for its janitorial staff,
other agents and employees to properly move and store furniture, including heavy
metal chairs, in a safe manner;
H. Failure to warn students and staff, including petitioner, Emma Warren, of the
unreasonably dangerous condition resulting from metal chairs being placed on top
of kitchen cabinets; and
I. Any other acts of negligence which may be proven at the trial of this matter.
V.
At all limes pertinent, defendant, John Doe, was acting within the course and scope of his
employment with defendants, GCA Services Group, Inc. and GCA Education Services, Inc., and
accordingly, defendants, GCA Services Group, Inc. and GCA Education Services, Inc., are strictly
liable and/or vicariously liable for the acts of defendant, John Doe, under the Doctrines of
Respondiat Superior, Master and Servant and Principal and Agent.
VI.
As a result of this accident and resulting injuries, petitioner, Emma Warren, sustained
damages as follows:
A. Past, present and future pain, suffering, disability, mental anguish and loss of
enjoyment of life;
B. Past, present and future medical expenses; and
C. Loss of past, present and future economic income and earning potential.
VII.
At the time of the aforementioned accident, defendants, GCA Services Group, Inc. and GCA
Education Services, Inc., were issued a contract of liability insurance by defendants, Ace Property
and Casualty Insurance Company and ESIS, Inc., and therefore, said companies have been named
as defendants.
VIII.
In accordance with LSA-CCP Article 1572, petitioner requests that the Court give written
notice by certified mail at least ten days in advance of the date fixed for the trial and/or hearing of
the case whether on exceptions, motions, rules, or the merits. Petitioner also requests immediate
notice of all orders or judgments whether interlocutory or final made or rendered in this case upon
the rendition thereof as provided by LSA-CCP Articles 1913 and 1914 including notice of judgment
in the event this case be taken under advisement or if the judgment is not signed at the conclusion
of the trial.

WHEREFORE, petitioner, Emma Warren, prays that a copy of this petition be served on
all defendants, that each be cited to appear and answer same; and that after due proceedings are had
that there be judgment rendered herein in favor of plaintiff, Emma Warren, and against all
defendants, Ace Property and Casualty Insurance Company, GCA Services Group, Inc., GCA
Education Services, Inc., ESIS, Inc. and John Doe jointly and severally, for all sums as are
reasonable in the premises, together with legal interest thereon, forall costs of these proceedings and
for all general and equitable relief.
Petitioner, Emma Warren, further prays that in accordance with LS A-CCP Article 1572, the
Court give written notice by certified mail at least ten days in advance of the date fixed for the trial
or hearing of the case whether on exceptions, motions, or rules, or the merits. Petitioner also
requests immediate notice of all orders and judgments whether interlocutory or final made or
rendered in this case upon the rendition thereof as provided by LSA-CCP Articles 1913 and 1914,
including notice of judgment in the event this case be taken under advisement or if the judgment is
not signed at the conclusion of the trial.

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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