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CIVIL DISTRICT COURT FOR THE PARISH OF ORL~~~ --:), . ' ,1 T
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'\ STATE OF LOUISIANA (/"
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FILED: _ _ _ _ _ _ _ __
DEPUTY CLERK
company capable of suing and being sued and HOSPITATILITY ENTERPRISES, INC., a
domestic corporation, capable of suing and being sued, both entities domiciled in the
Ouachita, State of Louisiana but with its principal place of business in fact located in the
EXHIBIT
sometimes referred to' as "SWB"), a domestic body corporate created by statute, la. RS.
§ 33:4071 et seq., with the attributes of a corporation and capable of suing and being
2.
At all times pertinent hereto, Westchester held out a Commercial Property Policy
(policy number 036082653 003) with additional coverages, including but not limited to
water damages, sprinkler .leakage, building damages, business personal property and
other losses listed in the policy, in favor of Plaintiffs, Garden District Hotel on St.
Charles Avenue, LLC and Hospitality Enterprises, Inc., in full force and effect,
contractually agreed to indemnify Plaintiffs for the losses and damages asserted herein.
Plaintiffs allege all coverages listed in the policy identified herein as if copied in extenso.
3.
On or about January 7, 2010, the sprinkler system at the Garden District Hotel
located at 2203 st. Charles Avenue, New Orleans, Louisiana (hereinafter referred to as
the "Hotel"), malfunctioned, causing sprinkler leakage and water damages to the
building, ceilings walls, floors, contents, equipment, supplies, materials, and other items
of the Hotel.
4.
Plaintiffs sustained extensive damages to the Hotel and are entitled to additional
sums for loss of use and other reimbursable damages at the insured premises. Although
Westchester inspected the property and eventually made payment for Plaintiffs' losses,
5.
Plaintiffs contacted their agent Eustis to report the subject incident. Upon information
and belief, Eustis reported the incident to Westchester that evening. On January 8, 2010,
2
Case 2:11-cv-00234-EEF-DEK Document 1-1 Filed 02/03/11 Page 3 of 23
6.
On January 11, 2010, Westchester informed Plaintiffs that it had retained Engle
7.
On January 14, 2010, Engle Martin's adjuster inspected the premises and
8.
On January 19, 2010, Westchester caused another adjuster to inspect the Hotel for
completed his work the same day and said he would report his findings to Westchester
9.
complete his work in a timely fashion, and Westchester delayed completion of the
adjusting process and failed to make any payment on Plaintiffs' insured loss for many
months.
10.
representatives about issues that falsely implied coverage issues where none existed.
11.
representative and informed her that a letter would be sent, stating that Westchester
was reserving its rights to contest coverage and claiming that coverage was not
12.
No reservation of rights letter was ever sent, and Plaintiffs never received any
3
Case 2:11-cv-00234-EEF-DEK Document 1-1 Filed 02/03/11 Page 4 of 23
13.
For the sole purpose of avoiding and delaying payment and other unfair
settlement advantages, from February 11, 2010 until September 2010, Westchester
continued to claim that it needed further documentation of central station water flow
14.
However, exclusions related to the alarm apply solely to fire losses and not to the
15.
additional premium.
16.
17.
At all pertinent times between February 11, 2010 and September 29, 2010,
Westchester and its representatives misrepresented policy provisions and the scope of
insurance coverage for the sole purpose of avoiding and/ or delaying rightful payment
of Plaintiffs' claims.
18.
Defendant Westchester had Notice and Proof of Loss of Plaintiffs' claims at least
by January 19, 2010 and despite repeated demand for payment, unjustifiably refused to
make any payment to Plaintiffs until September 29, 2010, when it tendered the sum of
$108,339.70.
19.
4
Case 2:11-cv-00234-EEF-DEK Document 1-1 Filed 02/03/11 Page 5 of 23
20.
Plaintiffs were forced to incur the expense of retaining an attorney and experts, as well
21.
Plaintiffs adopt and incorporate by reference all of the allegations in the foregoing
22.
Westchester has failed and refused to provide Plaintiffs with the recovery to
which Plaintiffs are entitled for insured losses resulting from a covered cause of loss.
Westchester has breached the express terms and conditions of the Commercial Property
Policies and has otherwise denied Plaintiffs the insurance coverage provided by the
23.
delaying payment, failing to complete the inspection and adjustment process timely,
raising false issues regarding coverage and failing to make a reasonable offer to satisfy
the claim.
24.
La.R.S. 22:1892 provides that "except in the case of catastrophic loss, the insurer
shall initiate loss adjustment of a property damage claim within fourteen days after
notification of loss by the claimant. Failure to comply with the provisions of this
Paragraph shall subject the insurer to the penalties provided in RS. 22:1973."
25.
Westchester failed to take substantial and affirmative steps to initiate the loss
adjustment process of the Commercial Property Insurance Policy claim within the legal
5
Case 2:11-cv-00234-EEF-DEK Document 1-1 Filed 02/03/11 Page 6 of 23
26.
La. RS. 22:1973, (fonnerly RS. 22:1220) provides that an insurer "owes to his
insured a duty of good faith and fair dealing," and provides that the insurer "has an
affinnative duty to adjust claims fairly and promptly, and to make a reasonable offer to
settle claims with the insured." The statute further provides that "any insurer who
breaches these duties shall be liable for any damages sustained as a result of the
breach."
27.
La. RS. 22:1973 further provides that an insurer who breaches their duties is liable
for, in addition to any general or special damages, a penalty equal to the greater of two
28.
Pursuant to La. RS. 22:1892 & 1973, Westchester is obligated to pay Plaintiffs the
amount of actual damages sustained, plus a penalty of two times the actual damages
sustained by Plaintiff.
29.
Westchester has wrongfully failed to pay all sums due on the claims submitted by
Plaintiffs, or, alternatively, wrongfully constructively denied the claim within the time
provisions established by La. RS. 22:1892 and La. RS. 22:1973. In so doing, Westchester
has breached the express terms and conditions of the Commercial Property Policy and
manner that has been arbitrary, capricious and without probable cause.
30.
contravention of their duty of good faith and fair dealing in handling Plaintiffs' claims,
namely:
6
Case 2:11-cv-00234-EEF-DEK Document 1-1 Filed 02/03/11 Page 7 of 23
Plaintiffs are entitled under the terms of the Commercial Property Insurance
Policy;
are entitled under the terms of the Commercial Property Insurance Policy;
review the information, and to make reasonable and timely efforts to settle
the claims;
f. It has not accounted for the increased costs of labor, services, raw materials,
31.
Westchester acted with actual knowledge or with reckless disregard of the lack
of a reasonable basis in denying the claims, delaying full payment of all portions of the
claim, failing to make reasonable attempts to settle all portions of the claim, and/ or
failing to conduct a reasonable investigation into all portions of the claim and failing to
32.
Westchester, through its agents, contractors and others for which it is responsible
22:1214, all of which give rise to liability under LRS 22:1892 and 22:1973, to wit:
7
Case 2:11-cv-00234-EEF-DEK Document 1-1 Filed 02/03/11 Page 8 of 23
coverages at issue;
(d) Failed to affirm or deny coverage of claims within a reasonable time after
(e) Not attempting in good faith to effectuate prompt, fair, and equitable
insurance policy in relation to the facts or applicable law for denial of a claim
Discovery.
33.
ascertained, and will continue to suffer damages, including, but not limited to, lost
business opportunities and income, other business losses associated with unfair
payment and delay in payment, consequential damages and any costs and attorneys'
34.
Plaintiff is entitled to recover from Westchester all losses, including costs and
8
Case 2:11-cv-00234-EEF-DEK Document 1-1 Filed 02/03/11 Page 9 of 23
35.
36.
coverage under the Commercial Property Policy, plus a penalty of 50% of the amount
37.
La.RS. 22:1973 provides that an insurer "owes to his insured a duty of good faith
and fair dealing" and provides that he insurer "has an affirmative duty to adjust claims
fairly and promptly, and to make a reasonable offer to settle claims with the insured."
The statute further provides that "any insurer who breaches these duties shall be liable
38.
La. RS. 22:1973 specifically provides among the actions breaching the insurer's
b. "Failing to pay the amount of any claim due any person insured by the
contract within sixty days after receipt of satisfactory proof of loss from
39.
The statute further provides that an insurer who breaches this duty is liable for,
in addition to any general or special damages, a penalty equal to the greater of two
40.
9
Case 2:11-cv-00234-EEF-DEK Document 1-1 Filed 02/03/11 Page 10 of 23
amount of actual damages sustained, plus a penalty of two times the actual damages
sustained by Plaintiffs.
41.
42.
On January 8, 2010, less than 24 hours after the subject incident, Plaintiffs'
representatives contracted with Servpro to remediate all water damages caused by the
January 7, 2010 sprinkler leakage. Servpro, through its agents, employees and others
for whom it is responsible, commenced work that date and worked through about noon
on January 9, 2010.
43.
required; and
All negligent acts and/ or negligent omissions enumerated above occurred in the
Parish of Orleans, State of Louisiana and constitute actionable breaches of the contract
10
Case 2:11-cv-00234-EEF-DEK Document 1-1 Filed 02/03/11 Page 11 of 23
44.
The negligence of Servpro, its agents, employees and others for whom it is
caused and exacerbated damages to the building caused by the January 7, 2010 incident.
45.
remediate all water damages at the premises of the Hotel in a commercially acceptable
manner, a task which said defendant agreed to undertake and in bad-faith failed to
perform under the contract thereby breaching the contract and casting Servpro liable
46.
The allegations made against Servpro arise out of the January 7, 2010 incident,
and the facts, damages, witnesses and evidence inextricably overlap with Plaintiffs'
claims against Westchester such that said claims involve a community of interests
which, for purposes of judicial consistency and economy, should be tried in the same
proceeding.
47.
Westchester has made partial payment to Plaintiffs and upon belief and
48.
Plaintiffs adopt and incorporate by reference all allegations and facts contained
49.
11
Case 2:11-cv-00234-EEF-DEK Document 1-1 Filed 02/03/11 Page 12 of 23
operating the public water and drainage system of the city of New Orleans under La.
R.S. § 33:4071.
50.
At all pertinent times, SWB controlled, maintained and operated the water and
drainage system supplying water to the insured premises and owed a duty to Plaintiffs
to provide water and drainage services to the insured premises at a reasonable pressure
51.
Based on information and belief, defendant SWB through its agents, employees,
representatives, and/ or designees negligently failed to monitor and control the water
pressure to the insured premises, causing the sprinkler system to fail resulting in
AND WATER BOARD OF NEW ORLEANS, jointly and in solido, for such damages as
are reasonable and/or proven at trial, including payment for compensatory damages,
consequential damages, statutory penalties, costs, and attorneys' fees, legal interest
from date of judicial demand and for such further relief as the Court deems just and
proper.
Respectfully submitted,
61)
Kir ea nover (Bar No.2 39)
Wesley . Barr (Bar No. 32332)
400 Poydras Street, Suite 1980
New Orleans, LA 70130
Telephone: (504) 587-1440
Facsimile: (504) 587-1577
Counsel for Plaintiffs. Hospitalittj Enterprises, Inc.
and Garden District Hotel on St. Otarles Avenue
12
Case 2:11-cv-00234-EEF-DEK Document 1-1 Filed 02/03/11 Page 13 of 23
PLEASE SERVE:
OR
DONALDE. LEGG
1917 OLIVE ST.
MONROE, LA 71201
13
Case 2:11-cv-00234-EEF-DEK Document 1-1 Filed 02/03/11 Page 14 of 23
TO: COMMISSIONER'INSURANCE
P.O. BOX 94214
BATON ROUGE, LA 70804
FROM: CLERK OF COURT, PARISH OF ORLEANS
RE: R.S. 9.2800.7 REPORTING FORM - PERSONAL INJURY
Section A shaft be obtained by the Clerk of Court at the time suit is filed and submitted
to the Commissioner of Insurance within 30 days of filing.
Section A shaN be completed at the time Judgment becomes definitive.
A. INITIAL INFORMATION
1. Caption of Suit: HOSPITALITYENTERPRISES,INC. ET AL
vs ,
WESTCHESTER SURPLUS LINES INSURANCE COMPANY
ETAL
a) Parish: ORLEANS b) Docket No,: 2010-12413
c) Judicial District CDC d) Fifing Date: 1211312010
e) Type Suit
11 Auto - Bodily Injury 7. Professional Uabitity
2. -Uninsured Motorist - a . Medical
3. -Govemment Uability - b . Legal
4. X General Uabllity c. Architectural
5. -Products Uability - d . Accounting
6. Redhibition e. Engineering
8. -Other
Section B shan be obtained by the Clerk of Court and subrriltted to the CommisSIoner of
Insurance within 30 days of deffnitlve judgment (Section A (1)a - c must also be completed
In order to accurately report.)
B. JUDGMENT INFORMATION
1. Judgment by Merit Tna!:
a) Judge Jury
b) For the Plaintiff For the Oefendant
c)
-
Judgment awarded, ellClusive of interest and costs:
1. - 0-
2. - 0·- but less than $10,000
3. $10;000 but less than 525,000
4. $25,000 but less than $50,000
5. - - ,$50,000 but'less than~100,OOO
6. $100,000 but less than $250,000
7. $250,000 but less than $500,000
8. $500,000 but less than $750,000
9. $750,000 but less than $1,000,000
10. $1,000,000 but less than $2,000,000
11. $2,000,000 or more
2. Appeal Status
'a) Appeal Entered b) No Appeal Entered
section C shan be completed by the Clerk of Court and submitted to the Commissioner of
Insurance within 30 days Of dismISSal.
C. DISMISSAL INFORMATION
1. Date of DismisSal:
2. WIth Prejudice WIthOut Prejudice
D. A processing fee 01$10.00 shall be taxed as costs of court In each suit onwhlehthe
Information required by this section is submllted by the Clerk of Court. Upon rendering of
judgment under Section B of this form or dismisSal under Section C ofthls form, $5.00 shan be
paid to the Commissioner of Insurance by the Clerk of Court and $5.00 shall be retained by the
Cletk from the court costs paid in SectiorfD.
CLERK OR DEPUTY CLERK
CommiSSioner's Copy
ATTORNEY'S NAME: Olinde Jr, A8 20061
Case 2:11-cv-00234-EEF-DEK
AND ADDRESS: Document 1-1
400 POYDRJII!II§TREET,
NEW ORLEANS
SUITEFiled
"960 02/03/11 Page 15 of 23
LA 70130
II
CIVIL DISTRICT COURT FOR THE PARISH OF ORLEANS
STATE OF LOUISIANA ~ ,~
CITATION - -I
l
TO: SEWERAGE AND WATER BOARD OF NEW ORLEANS )
THROUGH: Irs LEGAL DEPARTMENT:
625 ST. JOSEPH STREET "
You must either comply with the demand contained in the petition
FOR DAMAGES W/DISCOVERY ATTACHED.
a CE!rtified copy of which accompanies this citation, or file an answer or other legal pleading in the office of the Clerk of
this Court, Room 402, Civil Courts Building, 421 Loyola Avenue, New Orleans, LA, within fifteen (15) days after the
service hereof under penalty of default
... .............................•......•..•................................... --.
ADDITIONAL INFORMATION
Legal assistance is advisable. If you want a lawyer and can't find one, you may call the New Orleans Lawyer
Referral Service at 561- 8828. This Referral Service operates in conjunction with the New Orleans Bar Association. •
If you qualify, you may be entitled to free legal assistance through the New Orleans Legal Assistance Corp.; you
may call 529 - 1000 for more information.
• COURT PERSONNEL ARE NOT PERMITTED TO GIVE LEGAL ADVICE
•••• * ••• * ••• ****.***.** •• *~.*.*.** •••••• • *.*.* •••• *.*.-_ ......... -.. -.-_._-----.-
IN WITNESS HEREOF, I have hereunto set my hand and affix the seal of the Civil District Court for
the Parish of Orleans. State of LA .December 22, 2010
SHERIFF'S RETURN
(for use of prJcess servers only)
PERSONAL SERVICE DOMICILIARY SERVICE
On this. l.{ day of_--=J""Il-:...:...;..Jtl.....:....._ _ _ __ • On this _ _ _ day of _ _ _ _ _ _ _ _ _ __
1.t2/l served a copy of the wfl petition _ _ _ _ _ served a copy of the wfl petition
FOR DAMAGES WIOISCOVERY ATTACHED. • FOR DAMAGES WIOISCOVERY ATTACHED.
On • On
SEWERAGE AND WATER BOARD OF NEW ORLEANS SEWERAGE AND WATER BOARD OF NEW ORLEANS
-~J<qI.=l/lf.AkJ.e!E'-R------'1 ENTERED I.----~t__ being absent from the domicile at time of said service.
Retumed same day
J ~ (OS' No.
Dep~ySheriffof _ _ _ _ _ _ _ _ _ __
SERIAL NO . DEPUTY
f "' _ 4
ATTORNEY'S NAME: Olinde J r t l d 20061
Case 2:11-cv-00234-EEF-DEK
AND ADDRESS:
Document
400 POY 1-1 Filed 02/03/11 Page 16 of 23
STREET, SUITE 1980
NEW ORL S LA 70130 '
You must either comply with the demand contained in the petition
FOR DAMAGES W/DISCOVERY ATTACHED.
a certified copy of which accompanies this citation, or file an answer or other legal pleading in the office of the Clerk of
this Court, Room 402, Civil Courts Building, 421 Loyola Avenue, New Orleans, LA, within fifteen (15) days after the
service hereof under penalty of default
••••••• * •• * •• * •• * ••••• ** ••••••••••••• **** •• **** •• ****.******.******.*****.**.* •• *
ADDITIONAL INFORMATION
Legal ~ssistance is advisable. If you want a lawyer and can't find one, you may can the New Orleans Lawyer
Referral Service at 561- 8828. This Referral Service operates in conjunction with the New Orleans Bar Association. •
If you qualify, you may be entitled to free legal assistance through the New Orleans Legal Assistance Corp.; you
may call 529 - 1000 for more Information.
• COURT PERSONNEL ARE NOT PERMITTED TO GIVE LEGAL ADVICE
**** •• **** •• *********** •• * ••• * •••••••••••••••• ** ••••••••••• *** ••••••••• ** ••••••••
IN WITNESS HEREOF, I have hereunto set my hand and affix the seal of the Clv" District Court for
the Parish of Orleans, State of LA December 22,2010
Clerk's Office, Room 402, Civil Courts Building, DALE N. ATKINS, Clerk of
421 Loyola Avenue
New Orleans, LA
SHERIFF'S RETURN
(for use of pr~ss servers only)
PERSONAL SERVICE ('. ~ 1..~'I\ ~~ DOMICILIARY SERVICE
~ v • ~~
On this _ _ _ day of ~~ '" \~W;iS _ _ _ day of _ _ _ _ _ _ _ _ __
served a copy of the wii petition ",,,II ,,"" • served a copy of the w/i petition
F-O-R-D-AM-A-G-E-S-WIOISCOVERY ATIACHED. Il,e ,," • C,\~" FOR DAMAGES WIOISCOVERYATIACHED.
,oJ,,··e 0" 0' -
t cl:>l'!· (\\ \0 1\\\ <:,~t-~"'J
f.';\ ..\'~ '" . ~,(' scc. - . ~oo\lf.'e '" ~t."\\
\
On 0'.\'C.· i 0\
t
\I"s
't
THROUGH: IT'S DESIGNATED AGENT FOR S
PROCESS: THE LOUISIANA SECRET
t(,.(\
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,OF
-
It. \\t.S\'>
Q~~\~
~~
•
*
~I<\S\
~;:l\O(\
~o\)~e.
__~~..,I::.~-,' ENTERED ' _ _ _ _ _ _ _ _ being absent from the domicile at time of said service.
REWB N : 0 Retumed same day
--------'
- - f - - - - II UJ
~
a"e Deputy Sheriffof _ _ _ _=
No.
-:-----
Rl,:;".... "11\\\
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~~ . 'S Ol-~\C~ . . '-'''C~~ ''''
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ATTORNEY'S NAME: Olinde Jr,
Case 2:11-cv-00234-EEF-DEK
AND ADDRESS:
Document 20061 A_
1-1 Filed 02/03/11 Page 17 of 23
400 POYDRf'JWrREE'~-SUITE 1980
\.
NEW ORLEANS LA 70130 / \
;;.
f. I CIVIL DISTRICT COURT FOR THE PARISH OF ORLEANS . , ~ ..- '. "
'-'~
2010 -- 12413 2 SECTION:
"" 7 -_~
, . I) I,
HOSPITALITY ENTERPRISES, INC, ET AL VERSUS WESTCHESTER SURPLUS LINES INSURANCE COMPANY."
~~ . ~
CITATION
TO: D E INVESTMENTS, INC.
THROUGH: Irs DESIGNATED AGENT FOR SERVICE OF PROCESS: H.E. AYDLETT,
JR. OR DONALD E. LEGG
1917 OLIVE STREET
MONROE LA 71201
You must either comply with the demand contained in the petition
FOR DAMAGES WIDISCOVERY ATTACHED.
a certified copy of which accompanies this citation, or file an answer or other legal pleading in the office of the Clerk of
this Court, Room 402, Civil Courts Building, 421 Loyola Avenue, New Orleans, LA, within fifteen (15) days after the
service hereof under penalty of default
._*_.av._ ... k •••• _a ..• _.. ___ ._. __ ._._. __ ._. __ • ____ .• _. *******~*******************
ADDITIONAL INFORMATION
Legal assistance is advisable. If you want a lawyer and can't find one, you may call the New Orleans Lawyer
Referral Service at 561- 8828. This Referral Service operates in conjunction with the New Orleans Bar Association.
If you qualify, you may be entitled to free legal assistance through the New Orleans Legal Assistance Corp.; you
may call 529 - 1000 for more information.
*. __
* COURT PERSONNEL ARE NOT PERMITTED TO GIVE LEGAL ADVICE
a • • _._ • • • • • • _._ • • _._ • • _ • • _._ • • • _ . _ . _ . _ . _ . _ • • • • • • • _*_._._._ .. _... _.... _._ .....
IN WITNESS HEREOF, I have hereunto set my hand and affix the seal of the Civil District Court for
the Parish of Orleans, State of LA December 22,2010
Clerk's Office, Room 402, Civil Courts Building, DALE N. ATKINS, Clerk of
421 Loyola Avenue
New Orieans, LA
SHERIFF'S RETURN
(for use of process servers only)
PERSONAL SERVICE DOMICILIARY SERViCE
On this _ _ _ day of _ _ _ _ _ _ _ _ __ * On this _ _ _ day of _ _ _ _ _ _ _ _ _ __
_ _ _ _ _ served a copy of the wli petition _ _ _ _ _ served a copy of the w/i petition
FOR DAMAGES WIOISCOVERY ATIACHED. * FOR DAMAGES WIOISCOVERY ATIACHED.
On * On
D E INVESTMENTS, INC. D E INVESTMENTS, INC.
THROUGH : Irs DESIGNATED AGENT FO\{ SERVICE OF THROUGH: Ir3 DESIGNATED AGENT FOR SERVICE OF
PROCESS : H.E. AYDLETI, JR. OR DONALD E. LEGG PROCESS: H.E. AYDLETI, JR. OR DONALD E. LEGG
~
/ENTEREDI b'eihg absent from·ttie domicile at time of said service.
P ER ~lURN Refurriei:lsame da'y
, ,_J\..f_--'-___
- ~~
.;;;;'~~~~ - . . - . -" - ~ IlFrJJl " ~*=
_ _ ,., r.,,1I 1_cI(-{') -
Case 2:11-cv-00234-EEF-DEK Document 1-1 Filed 02/03/11 Page 18 of 23
VERSUS
FILED: _ _ _ _ _ _ _ _ _ _ _ 2011
DEPUTY CLERK
•••••••••••••••••••••••••••••••••••••••••••••••••••••••••••
NOW INTO COURT. through undersigned counsel. comes the Sewerage and
Water Board of New Orleans, defendant herein. and in answer to the Petition for
1.
2.
Damages. as they apply to the Sewerage and Water Board of New Orleans, are denied
3.
4.
The allegations contained in Paragraph 50 of the Petition are denied for lack of
5.
I '
I
FIRST DEFENSE
SECOND DEFENSE
plaintiffs' recovery.
THIRD DEFENSE
damages were caused by persons or parties over whom this defendant exercises no
FOURTH DEFENSE
In the further alternative. defendant avers that plaintiffs assumed the risk of their
damages.
FIFTH DEFENSE
The alleged incident was due solely and entirely to the fault and/or negligence
of the plaintiffs. which fault or negligence consists of the following specific acts. each of
which amounted to either negligence or fault which was the proximate cause of the
SIXTH DEFENSE
In the alternative. and in the event that this Honorable Court should ffnd that
contributed to the incident and damages which defendant denies, then defendant
specifically pleads contributory negligence of the plaintiffs. which would mitigate any
SEVENTH DEFENSE
Defendant herein expressly pleads the affirmative defense that the plaintiffs
"
EIGHTH DEFENSE
Defendant avers that it is entitled to a credit and/or setoff from any sums paid to
NINTH DEFENSE
by LSA-R.S. 13:5106.
TENTH DEFENSE
Louisiana law including. but not limited to, sovereign immunity and the immunity
provided by La. R.S. 9:2798.1. La. R.S. 9:2793.1. La. R.S. 9:2795, La. R.S. 9:2800. and La. R.S.
9:2800.17.
ELEVENTH DEFENSE
La. R.S. 5106 and the limit on legal interest provided in La. R.S. 13:5112, as if the statutes
TWELFTH DEFENSE
prays that the foregoing Answer, with all affirmative defenses, be deemed good and
sufficient, and that after due proceedings are had, there be judgment herein in favor of
Case 2:11-cv-00234-EEF-DEK Document 1-1 Filed 02/03/11 Page 21 of 23
the defendant, Sewerage and Water Board of New Orleans, and against the plaintiffs
dismissing the demands asserted in the Petition for Damages with prejudice at their cost
Respectfully submitted...
-----
~' ~
,/ '1 -- - -
CERTIFICATE OF SERVICE
I hereby certify that a copy of the foregoing pleading has been served upon all
counsel of record in this matter by depositing same in the United States Mail. postage
201 1.
/~~-
HAROJD'D. MA~HAND' DEPUTY SPECIAL COUNSEL
SE~RAG!AND WATER BOARD OF NEW ORLEANS
VERSUS
FILED: _ _ _ _ _ _ _ _ _ _ _ 2011
DEPUTY CLERK
•••• ** •• ** •••••••••••••••••••••••••••••••••••••••••••••••••
NOW INTO COURT. through undersigned counsel, comes Sewerage and Water
I.
Pursuant to Louisiana Code of Civil Procedure Article 1572, Sewerage and Water
Board of New Orleans requests written notice ten (10) days in advance of the date
fixed for the trial or hearing on any exceptions. motions or rules on the merits of the
II.
Pursuant to Louisiana Code of Civil Procedure Articles 1913 and 1914, Sewerage
and Water Board requests immediate notice of all interlocutory and final orders and
judgments on any exceptions, motions, or rules on the merits of the above captioned
matter.
Respectfully submitted,
-~)
/~ ~
__~~~_/-L/~~=_~__
' __________________________
- ...HiROLE-D. MARCHAND, DEPUTY SPECIAL COUNSEL (7543)
LseWERAGE AND WATER BOARD OF NEW ORLEANS
625 ST. JOSEPH STREET, ROOM 201
NEW ORLEANS, LA 70165
504·585·2236 504·585·2426·FAX
GERARD M. VICTOR, SPECIAL COUNSEL
Case 2:11-cv-00234-EEF-DEK Document 1-1 Filed 02/03/11 Page 23 of 23
CERTIFICATE
I hereby certify that a copy of the foregoing pleading has been served upon all
counsel of record by depositing same in United States Mail, postage prepaid and