LAVERGNE v. HATCHER et al Complaint

8/3/2019 LAVERGNE v. HATCHER et al Complaint

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Complaint DamagesPage 1 of 4

ARLINE C. LAVERGNE

VERSUS

STANLEY JAY HATCHER, ET AL

UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF ALABAMA

CIVIL NUMBER: _________

COMPLAINT FOR DAMAGESPlaintiff, Arline C. Lavergne, a resident of the lawful age of majority of the State of Louisiana,

respectfully represents:

I. Made Defendants herein are:

a. Stanley Jay Hatcher (hereinafter referred to as Tortfeasor) ; a lawful resident of the state of Alabama, who can be served at 12150 Turkey Farm Road, Grand Bay, Alabama 36541;

b. Ace American Insurance Company (hereinafter referred to as Ace) , in its capacity as theuninsured/underinsured motorist carrier of Plaintiff, a Pennsylvania corporation with itsprincipal place of business located at 436 Walnut Street, Philadelphia, Pennsylvania, 19106;and

c. Zurich American Insurance Company (hereinafter referred to as Zurich) , in its capacity asthe uninsured/underinsured motorist carrier of Plaintiff, an New York corporation with itsprincipal place of business located at One Liberty Plaza, 165 Broadway, 32nd Floor New

York, New York 10006.

II. This Court has jurisdiction over this matter due to diversity of citizenship of the parties and the value

of this matter exceeds the minimum jurisdictional amount of this Court.

III. Venue is proper as one of the parties resides in this judicial district and the accident occurred within

the Southern District of Alabama.

IV. Defendants are indebted jointly, severally and in solido , unto Plaintiff for an amount reasonable in the

premises and all costs of these proceedings, plus legal interest from the date of judicial demand until

paid.

V. Defendants are liable unto Plaintiff, in solido , in the full sum and amount of damages as are reasonable

in the premises to be proven at the trial on the merits of this matter, until paid and for all cost of

these proceedings for the reasons outlined as follows herein.

VI. On or about August 18, 2010, Tortfeasor operated his motor vehicle on US Highway 90 (hereinafter

referred to as the roadway ) in Mobile, Alabama.

VII. At all relevant times herein, Plaintiff was operating a truck, with permission of Larry James Patin

(hereinafter referred to as Owner), in the course and scope of employment with Ace

Case 1:11-cv-00574-N Document 1 Filed 10/06/11 Page 1 of 4


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Transportation, LLC (hereinafter referred to as Employer) on the roadway, when Tortfeasor s

vehicle struck the vehicle driven and occupied by Plaintiff causing Plaintiffs injuries and damages .

VIII. Plaintiff was totally free from any fault whatsoever in causing or contributing to the crash.

IX. Upon information and belief and at all times relevant herein, the aforementioned accident and/or

collision were caused totally, solely and/or concurrently through the negligence and/or fault of the

Defendants in the following non-exclusive particulars, to-wit:

a. Operating a motor vehicle in an unsafe manner;

b. Inattentiveness;

c. Failure to maintain a proper lookout;

d.

Careless operation of a motor vehicle;e. Failure to discharge any and all duties owed to a person in the capacity of Plaintiffs; and

f. Violations of laws, statutes and/or regulations designed for the safety of the motoring publicand/or their motor vehicles.

X. Plaintiff itemizes past, present and future damages to include but not be limited to the following:

a. Medical Expenses;

b. Loss of earnings and impaired earning capacity;

c. Physical pain and suffering;

d. Humiliation;

e. Shame;

f. Embarrassment;

g. Isolation;

h. Despair;

i. Loss of Mobility;

j. Mental distress, worry and anxiety;

k. Emotional trauma and insecurity;

l. Permanent disability and inconvenience;

m. Scarring and disfigurement;



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n. Loss of enjoyment of life;

o. Punitive and Exemplary Damages;

p. Attorneys Fees;

q. Legal interest from the date of judicial demand; and

r. All costs of court and expenses incurred in the prosecution of this litigation.

XI. At all times mentioned herein, Ace issued a policy of uninsured motorist coverage that was in full

force and effect and extended coverage for the injuries and damages sustained by the Plaintiff.

XII. At all times mentioned herein, Zurich issued a policy of uninsured motorist coverage that was in full

force and effect and extended coverage for the injuries and damages sustained by the Plaintiff.

XIII.

At all times mentioned herein, ABC Insurance Company issued a policy of uninsured motoristcoverage that was in full force and effect and extended coverage for the injuries and damages

sustained by the Plaintiff.

XIV. Plaintiff is entitled to and hereby request that Defendants produce for inspection, the original or a

certified copy of all insurance policies which were issued and arguably provide coverage for accident

and damages complained of herein, said policy(ies) to be produced within thirty (30) days to The

Daniel Law Firm, Counsel For Plaintiff(s).

XV. Plaintiff prays that:

a. Defendants be duly summoned and served with a copy of this Amending and Superseding Complaint For Damages;

b. After all legal delays and due proceedings be had, there be judgment rendered herein in favorof Plaintiff and against Defendants, jointly, severally and in solido , in the full and true sum of an amount reasonable in the premises, maintenance, cure, punitive damages, attorneys fees,plus legal interest thereon from the date of incident until paid, all costs of these proceedingsand all other equitable and just relief;

c. Plaintiff be given Notice of Judgment, Trial and all steps and action taken in this litigationunder Federal Rules of Civil Procedure.

Respectfully submitted: The Daniel Law Firm



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PATRICK DANIEL, T.A. No. 27753900 South College Road, Suite 202 (70503)Post Office Drawer 51709Lafayette, Louisiana 70505-1709

Telephone: 337.232.7516 Telefax: 337.261.9589Email: [email protected]

ATTORNEY FOR PLAINTIFF

mailto:[email protected]:[email protected]:[email protected]


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AO 440 (Rev. 10/93) Summons in a Civil Action

United States District CourtSouthern District of Alabama

Arline Lavergne SUMMONS IN A CIVIL CASE

v.

Stanley Jay Hatcher, et al

CASE NUMBER:

TO: (Name and address of defendant)

Ace American Insurance Company 436 Walnut Street, Philadelphia, Pennsylvania, 19106

YOU ARE HEREBY SUMMONED and required to serve upon PLAINTIFFS ATTORNEY S (name and address

Patrick DanielPost Office Drawer 51709Lafayette, Louisiana 70505-1709

an answer to the complaint which is herewith served upon you, within ____________________________ days after service of this summons upon you, exclusive of the day of service. If you fail to do so, judgment by default will be taken against you for therelief demanded in the complaint. You must also file your answer with the Clerk of this Court within a reasonable period of timeafter service.

CLERK DATE

(BY) DEPUTY CLERK

Case 1:11-cv-00574-N Document 1-1 Filed 10/06/11 Page 1 of 2


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RETURN OF SERVICE

DATE Service of the Summons and Complaint was made by me 1

Name of SERVER (PRINT) TITLE

Check one box below to indicate appropriate method of service

Served Personally upon the Defendant. Place where served:

Left copies thereof at the defendants dwelling house or usual place of abode with a person of suitable age and _____ discretion then residing therein.

Name of person with whom the summons and complaint were left: ___________________________________

Returned unexecuted: _________________________________________________________________________

Other (specify): _______________________________________________________________________________

STATEMENT OF SERVICE FEES

TRAVEL SERVICES TOTAL

DECLARATION OF SERVER

I declare under penalty of perjury under the laws of the United States of America that the foregoing information contained in the Return of Service and Statement of Service Fees is true and correct.

Executed on __________________________________ _____________________________________ Date Signature of Server

_____________________________________ Address of Server

(1) As to who may serve a summons see Rule 4 of the Federal Rules of Civil Procedure.



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v.


CASE NUMBER:


Stanley Jay Hatcher12150 Turkey Farm RoadGrand Bay, Alabama 36541




CLERK DATE

(BY) DEPUTY CLERK



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RETURN OF SERVICE








Other (specify): _______________________________________________________________________________










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v.


CASE NUMBER:


Zurich American Insurance Company Through its registered agent for service of processCSC LAWYERS INCORPORATING SVC INC150 SOUTH PERRY STREETMONTGOMERY, AL 36104




CLERK DATE

(BY) DEPUTY CLERK



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RETURN OF SERVICE








Other (specify): _______________________________________________________________________________










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JS 44 (Rev. 12/07) CIVIL COVER SHEETThe JS 44 civil cover sheet and the information contained herein neither replace nor supplement the filing and service of pleadings or other papers as required by law, except as providedy local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is required for the use of the Clerk of Court for the purpose of initiatinghe civil docket sheet. (SEE INSTRUCTIONS ON THE REVERSE OF THE FORM.)

. (a) PLAINTIFFS DEFENDANTS

(b) County of Residence of First Listed Plaintiff County of Residence of First Listed Defendant(EXCEPT IN U.S. PLAINTIFF CASES) (IN U.S. PLAINTIFF CASES ONLY)

NOTE: IN LAND CONDEMNATION CASES, USE THE LOCATION OF THELAND INVOLVED.

(c) Attorneys (Firm Name, Address, and Telephone Number) Attorneys (If Known)

I. BASIS OF JURISDICTION (Place an X in One Box O nly) III. CITIZENSHIP OF PRINCIPAL PARTIES (Place an X in One Box for Pla(For Diversity Cases Only) and One Box for Defendant)

1 U.S. Government 3 Federal Question PTF DEF PTF DEPlaintiff (U.S. Government Not a Party) Citizen of This State 1 1 Incorporated or Principal Place 4

of Business In This State

2 U.S. Government 4 Diversity Citizen of Another State 2 2 Incorporated and Principal Place 5Defendant (Indicate Citizenship of Parties in Item III) of Business In Another State

Citizen or Subject of a 3 3 Foreign Nat ion 6Foreign Country

V. NATURE OF SUIT (Place an X in One Box Only)CONTRACT TORTS FORFEITURE/PENALTY BANKRUPTCY OTHER STATUTES

110 Insurance PERSONAL INJURY PERSONAL INJURY 610 Agriculture 422 Appeal 28 USC 158 400 State Reapportionmen120 Marine 310 Airplane 362 Personal Injury - 620 Other Food & Drug 423 Withdrawal 410 Antitrust130 Miller Act 315 Airplane Product Med. Malpractice 625 Drug Related Seizure 28 USC 157 430 Banks and Banking140 Negotiable Instrument Liability 365 Personal Injury - of Property 21 USC 881 450 Commerce150 Recovery of Overpayment 320 Assault, Libel & Product Liability 630 Liquor Laws PROPERTY RIGHTS 460 Deportation

& Enforcement of Judgment Slander 368 Asbestos Personal 640 R.R. & Truck 820 Copyrights 470 Racketeer Influenced a151 Medicare Act 330 Federal Employers Injury Product 650 Airline Regs. 830 Patent Corrupt Organizations152 Recovery of Defaulted Liability Liability 660 Occupational 840 Trademark 480 Consumer Credit

Student Loans 340 Marine PERSONAL PROPERTY Safety/Health 490 Cable/Sat TV(Excl. Veterans) 345 Marine Product 370 Other Fraud 690 Other 810 Selective Service

153 Recovery of Overpayment Liabil ity 371 Truth in Lending LABOR SOCIAL SECURITY 850 Securities/Commoditieof Veterans Benefits 350 Motor Vehicle 380 Other Personal 710 Fair Labor Standards 861 HIA (1395ff) Exchange

160 Stockholders Suits 355 Motor Vehicle Property Damage Act 862 Black Lung (923) 875 Customer Challenge190 Other Contract Product Liability 385 Property Damage 720 Labor/Mgmt. Relations 863 DIWC/DIWW (405(g)) 12 USC 3410195 Contract Product Liability 360 Other Personal Product Liability 730 Labor/Mgmt.Reporting 864 SSID Title XVI 890 Other Statutory Action196 Franchise Injury & Disclosure Act 865 RSI (405(g)) 891 Agricultural Acts

REAL PROPERTY CIVIL RIGHTS PRISONER PETITIONS 740 Railway Labor Act FEDERAL TAX SUITS 892 Economic Stabilization210 Land Condemnation 441 Voting 510 Motions to Vacate 790 Other Labor Litigation 870 Taxes (U.S. Plaintiff 893 Environmental Matter220 Foreclosure 442 Employment Sentence 791 Empl. Ret. Inc. or Defendant) 894 Energy Allocation Act230 Rent Lease & Ejectment 443 Housing/ Habeas Corpus: Security Act 871 IRSThird Party 895 Freedom of Informatio240 Torts to Land Accommodations 530 General 26 USC 7609 Act245 Tort Product Liability 444 Welfare 535 Death Penalty IMMIGRATION 900Appeal of Fee Determi290 All Other Real Property 445 Amer. w/Disabilities - 540 Mandamus & Other 462 Naturalization Application Under Equal Access

Employment 550 Civil Rights 463 Habeas Corpus - to Justice 446 Amer. w/Disabilities - 555 Prison Condition Alien Detainee 950 Constitutionality of

Other 465 Other Immigration State Statutes 440 Other Civil Rights Actions

V. ORIGINTransferred fromanother district(specify)

Appeal to DiJudge fromMagistrateJudgment

(Place an X in One Box Only)

1 OriginalProceeding

2 Removed fromState Court

3 Remanded fromAppellate Court

4 Reinstated orReopened

5 6 MultidistrictLitigation

7

VI. CAUSE OF ACTIONCite the U.S. Civil Statute under which you are filing (Do not cite jurisdictional statutes unless diversity ): Brief description of cause:

VII. REQUESTED INCOMPLAINT:

CHECK IF THIS IS A CLASS ACTIONUNDER F.R.C.P. 23

DEMAND $ CHECK YES only if demanded in complaint:JURY DEMAND: Yes No

VIII. RELATED CASE(S)IF ANY (See instructions): JUDGE DOCKET NUMBER

DATE SIGNATURE OF ATTORNEY OF RECORD

OR OFFICE USE ONLY

RECEIPT # AMOUNT APPLYING IFP JUDGE MAG. JUDGE


ene C. Lavergne

Lafayette

Patrick Daniel, Jr., 900 South College Road, Suite 200, Lafayette,uisiana 70503


28 USC 1332

Motor vehicle accident

Judge Rebecca Doherty 11-CV-00898

Print Save As... Export as FDF Retrieve FDF File Reset


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44 Reverse (Rev. 12/07)

INSTRUCTIONS FOR ATTORNEYS COMPLETING CIVIL COVER SHEET FORM JS 44

Authority For Civil Cover Sheet

The JS 44 civil cover sheet and the information contained herein neither replaces nor supplements the filings and service of pleading or other papers as requiredy law, except as provided by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is required for the usef the Clerk of Court for the purpose of initiating the civil docket sheet. Consequently, a civil cover sheet is submitted to the Clerk of Court for each civil complaintled. The attorney filing a case should complete the form as follows:

(a) Plaintiffs-Defendants. Enter names (last, first, middle initial) of plaintiff and defendant. If the plaintiff or defendant is a government agency, use onlyhe full name or standard abbreviations. If the plaintiff or defendant is an official within a government agency, identify first the agency and then the official, givingoth name and title.

(b) County of Residence. For each civil case filed, except U.S. plaintiff cases, enter the name of the county where the first listed plaintiff resides at the timef filing. In U.S. plaintiff cases, enter the name of the county in which the first listed defendant resides at the time of filing. (NOTE: In land condemnation cases,he county of residence of the defendant is the location of the tract of land involved.)

(c) Attorneys. Enter the firm name, address, telephone number, and attorney of record. If there are several attorneys, list them on an attachment, notingn this section (see attachment).

I. Jurisdiction . The basis of jurisdiction is set forth under Rule 8(a), F.R.C.P., which requires that jurisdictions be shown in pleadings. Place an X in onef the boxes. If there is more than one basis of jurisdiction, precedence is given in the order shown below.

nited States plaintiff. (1) Jurisdiction based on 28 U.S.C. 1345 and 1348. Suits by agencies and officers of the United States are included here.

nited States defendant. (2) When the plaintiff is suing the United States, its officers or agencies, place an X in this box.

ederal question. (3) This refers to suits under 28 U.S.C. 1331, where jurisdiction arises under the Constitution of the United States, an amendment to theonstitution, an act of Congress or a treaty of the United States. In cases where the U.S. is a party, the U.S. plaintiff or defendant code takes precedence, and box

or 2 should be marked.iversity of citizenship. (4) This refers to suits under 28 U.S.C. 1332, where parties are citizens of different states. When Box 4 is checked, the citizenship of theifferent parties must be checked. (See Section III below; federal question actions take precedence over diversity cases.)

I. Residence (citizenship) of Principal Parties. This section of the JS 44 is to be completed if diversity of citizenship was indicated above. Mark this sectionor each principal party.

V. Nature of Suit . Place an X in the appropriate box. If the nature of suit cannot be determined, be sure the cause of action, in Section VI below, is sufficient enable the deputy clerk or the statistical clerks in the Administrative Office to determine the nature of suit. If the cause fits more than one nature of suit, select

he most definitive.

. Origin . Place an X in one of the seven boxes.

riginal Proceedings. (1) Cases which originate in the United States district courts.

emoved from State Court. (2) Proceedings initiated in state courts may be removed to the district courts under Title 28 U.S.C., Section 1441. When the petitionor removal is granted, check this box.

emanded from Appellate Court. (3) Check this box for cases remanded to the district court for further action. Use the date of remand as the filing date.einstated or Reopened. (4) Check this box for cases reinstated or reopened in the district court. Use the reopening date as the filing date.

ransferred from Another District. (5) For cases transferred under Title 28 U.S.C. Section 1404(a). Do not use this for within district transfers or multidistricttigation transfers.

Multidistrict Litigation. (6) Check this box when a multidistrict case is transferred into the district under authority of Title 28 U.S.C. Section 1407. When this boxchecked, do not check (5) above.

ppeal to District Judge from Magistrate Judgment. (7) Check this box for an appeal from a magistrate judges decision.

I. Cause of Action . Report the civil statute directly related to the cause of action and give a brief description of the cause. Do not cite jurisdictional statutnless diversity . Example: U.S. Civil Statute: 47 USC 553

Brief Description: Unauthorized reception of cable service

II. Requested in Complaint . Class Action. Place an X in this box if you are filing a class action under Rule 23, F.R.Cv.P.

emand. In this space enter the dollar amount (in thousands of dollars) being demanded or indicate other demand such as a preliminary injunction.

ury Demand. Check the appropriate box to indicate whether or not a jury is being demanded.III. Related Cases . This section of the JS 44 is used to reference related pending cases if any. If there are related pending cases, insert the docket numbers

nd the corresponding judge names for such cases.

ate and Attorney Signature . Date and sign the civil cover sheet.


Documents

LAVERGNE v. HATCHER et al Complaint