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UNITED STATES DISTRICT COURT WESTERN DISTRICT OF LOUISIANA SHREVEPORT DIVISION NICOLE KELLY * * * * * * CIVIL ACTION NO.

VERSUS

JUDGE: MAG.:

ACE AMERICAN INSURANCE COMPANY, WERNER ENTERPRISES, INC. OF NEBRASKA, CRAWFORD GREEN, PROGRESSIVE COUNTY MUTUAL INSURANCE COMPANY, AND MELISSA PETERSON * * * * * * * *

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NOTICE OF REMOVAL NOW INTO COURT, through undersigned counsel, come Defendants, Werner Enterprises, Inc., ACE American Insurance Company and Crawford Green, who respectfully aver as follows: I. On or about May 5, 2010, Plaintiff, Nicole Kelly, filed a personal injury lawsuit against Werner Enterprises, Inc., ACE American Insurance Company, Crawford Green, Progressive County Mutual Insurance Company and Melissa Peterson in the 1st Judicial District Court for the Parish of Caddo, State of Louisiana, Docket Number 550,359-B entitled “Nicole Kelly v. ACE American Insurance Company, et al.” A copy of the Petition for Damages is attached hereto as

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Exhibit 1. The lawsuit arises from an automobile accident which occurred on May 29, 2010 , in the Parish of Caddo. II. Based upon information and belief, Defendant, Werner Enterprises, Inc. was served through its Louisiana-designated Agent for Service of Process on May 17, 2011; defendant, ACE American Insurance Company was served through the Louisiana Secretary of State on May 18, 2011; and defendant, Crawford Green was served via the La. Long Arm Statute on May 18, 201. III. Defendants Progressive County Mutual Insurance Company and Melissa Peterson have not yet been served with process so as to subject themselves to the jurisdiction of the 1st Judicial District Court for the Parish of Caddo, State of Louisiana, within the meaning and requirements of La. R.S. 13:3474 and 13:3475. IV. This Notice of Removal was properly filed within thirty (30) days of receipt of service of papers by defendants Werner Enterprises, Inc., ACE American Insurance Company and Crawford Green, from which it may be ascertained that the case is removable. V. Plaintiff, Nicole Kelly, alleges in Paragraph 14 of her Petition for Damages as follows: “Petitioner, NICOLE KELLY, was injured in the aforesaid crash as follows: a) b) c) d) Head injury; Concussion; Brain injury; Post-Traumatic Stress Disorder

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e) f) g) h) i) j) k) l) m)

Right shoulder strain; Right hand contusion; Left ankle sprain; Bilateral knee sprain; Headaches; Forgetfulness; Short-term memory loss; Lumbar sprain/strain; Central disc bulges at L3-4, L4-5, and L5-S1 VI.

In pertinent part, in Paragraph 9 of her Petition for Damages, plaintiff, Nicole Kelly, alleged as follows: “At the time and place of aforesaid: * e) * * * * * *

The defendant, CRAWFORD GREEN, crossed into MELISSA PETERSON’s lane of travel, striking her on the passenger side;

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MELISSA PETERSON lost control of her Jeep Grand Cherokee and the trailer and was subsequently struck again by the semi;

g)

The force of the collision propelled the Jeep and trailer into the median of 3132 where it finally came to rest; and

h)

As a result of the collision, Petitioner, NICOLE KELLY, was seriously and permanently injured.

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VII. In the second paragraph numbered as Paragraph 14 of the Petition for Damages, Plaintiff, Nicole Kelley, alleged: “As a result thereof, Petitioner has suffered pain, discomfort, inconvenience and disability; has been under the care of doctors and therapists; has been forced to endure x-rays and other diagnostic tests and to take prescription medication; and continues to endure pain, soreness, memory loss and disability and may require surgery for the lumbar disc bulge.” VIII. In the paragraph numbered as Paragraph 15 of the Petition for Damages, Plaintiff, Nicole Kelley, alleged that she “.…is entitled to recover damages as are reasonable in the premise, for the following: a) b) c) d) e) f) g) h) i) Past pain and suffering; Future pain and suffering Disability; Past mental anguish; Future mental anguish; Past medical expenses; Future medical expenses; Inconvenience; and Loss of enjoyment of life. IX. Based upon the facts of the accident and the allegations made by plaintiff in her Petition for Damages, defendants have been provided with notice, and it reasonably appears, that, the

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damages claimed by Nicole Kelly may exceed the sum of $75,000.00, exclusive of interest and costs. Louisiana courts have held that in cases with similar type injuries, the damages can be worth $75,000 and even more. See Campbell v. Webster Parish Police Jury, 36,391 (La.App. 2 Cir. 9/18/02), 828 So.2d 170 (Plaintiff with lumbar and cervical soft-tissue and disc injuries that were treated conservatively was awarded $75,000 in general damages, exclusive of medical expenses.); Pannell v. Encompass Ins Co., 2006-1601 (La.App. 3 Cir. 5/2/07); 956 So.2d 152 (Plaintiff was awarded $90,000 in general damages, exclusive of medical expenses, for soft tissue injuries to her back, neck, and shoulder with aggravation of lumbar herniated disc and a degenerative back condition.); Collier v. Benedetto, 04-1025, 04-1026 (La.App. 5 Cir. 2/15/05), 897 So.2d 775 (Plaintiff was awarded $75,000 in general damages, exclusive of medical expenses or lost wages, for cervical disc injuries that were treated conservatively.); See Nunez v. Commercial Union Ins. Co, 00-106 (La. App. 3 Cir. 8/23/00); 774 So.2d 208, where plaintiff hit her head in an automobile accident and suffered a concussion and traumatic brain injury which caused headaches. She was awarded $325,000 which was affirmed on appeal. Id. at 224. See Seals v. Shelter Ins. Companies, 39,252 (La. App. 2 Cir. 3/2/05); 894 So.2d 1259 (postconcussive syndrome and post-traumatic stress disorder, headaches, neck pain all supported an award of $125,000); Jolly v. Sewerage and Water Bd., 00-1878 (La. App. 4 Cir. 11/21/01), 802 So.2d 987 ($75,000 award for a plaintiff with concussion syndrome and post-traumatic headaches,); Weaver v. Siegling, 569 So.2d 97 (La. App. 4th Cir. 1990) ($100,000 awarded to plaintiff with concussion and post-traumatic stress disorder); Russell v. Noullet, 97-0085, 970086 (La. App. 4 Cir. 1/14/98); 706 So.2d 540 (rev’d on liability grounds at 98-0916 (La. 12/1/98); 721 So.2d 868) ($100,000 award for post-traumatic concussion syndrome and headaches. See Miller v. Bailey, 621 So.2d 1174 (La. App. 3rd Cir. 1993) ($212,000 awarded to

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plaintiff diagnosed with head injury, memory lapses and headaches); Locke v. Young, 42,703 (La. App. 2 Cir. 12/12/07); 973 So.2d 831 ($125,000 award for concussion, short-term recording memory difficulty); Brandao v. Wal-Mart Stores, Inc., 35,368 (La. App. 2 Cir. 12/19/01), 803 So.2d 1039 (headaches, loss of memory, impaired concentration and brain dysfunction supported an award of $226,000). X. Werner Enterprises, Inc. is a corporation with both its place of incorporation and its principal place of business is in the State of Nebraska. XI. ACE American Insurance Company has both its place of incorporation and its principal place of business in the State of Pennsylvania. XII. Defendant, Crawford Green, is domiciled in and a citizen of the State of New Mexico. XIII. Based on the information in Petition for Damages, Plaintiff, Nicole Kelly resides in Holiday, Florida and is a citizen of the State of Florida. XIV. Based on the information in the Petition for Damages, Defendant, Melissa Peterson, is a resident of Seminole, Florida and is a citizen of the State of Florida; based upon information and belief and the information in the Petition for Damages, Defendant, Progressive County Mutual Insurance Company is an insurance company incorporated in the State of Texas and with its principal place of business in Austin, Texas.

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XV. There is complete diversity between the plaintiff and all defendants. As of the date of filing of this Notice of Removal, plaintiffs have not named any other parties as defendants. XVI. In accordance with the foregoing, this is a civil action over which this Court has original jurisdiction pursuant to 28 U.S.C. §1332 (a), and is one which may be removed to this Court by defendants pursuant to 28 U.S.C. §1441, in that it is a civil action wherein the matter in controversy exceeds the sum of $75,000.00, exclusive of interest and costs, and is between citizens of different states. XVII. In accordance with 28 U.S.C. §1446(d), defendants will provide appropriate Notice of this Removal to the plaintiffs and to the Clerk of Court for the 1st Judicial District Court for the Parish of Caddo, State of Louisiana. JURY DEMAND XVIII. Defendants are entitled to and request a trial by jury on all issues herein. WHEREFORE, defendants, Werner Enterprises, Inc., ACE American Insurance Company and Crawford Green, together pray that the action entitled “Nicole Kelly v. ACE American Insurance Company, et a.” bearing Docket Number 550,359-B and pending in the 1st Judicial District Court for the Parish of Caddo, State of Louisiana, be removed from the state court docket to the United States District Court for the Western District of Louisiana, Shreveport Division.

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Respectfully submitted, s / C. Michael Parks __________________________________ GUY D. PERRIER, T.A. #20323 C. MICHAEL PARKS, #19727 ERIC W. SELLA, #33474 365 Canal Street, Suite 2550 New Orleans, LA 70130 Telephone: (504) 212-8820 Facsimile: (504) 212-8825 E-mail: gperrier@perrierlacoste.com mparks@perrierlacoste.com esella@perrierlacoste.com ATTORNEYS FOR DEFENDANTS, WERNER ENTERPRISES, INC., ACE AMERICAN INSURANCE COMPANY AND CRAWFORD GREEN

CERTIFICATE OF SERVICE I hereby certify that the foregoing pleading has been delivered to all counsel of record, either through the CM/ECF system, depositing a copy of same in the United States mail, first class postage prepaid, by hand delivery or by facsimile transmission, this 7th day of June, 2011 at their last known address of record. s/ C. Michael Parks __________________________________ C. MICHAEL PARKS

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UNITED STATES DISTRICT COURT WESTERN DISTRICT OF LOUISIANA SHREVEPORT DIVISION NICOLE KELLY * * * * * * CIVIL ACTION NO.

VERSUS

JUDGE: MAG.:

ACE AMERICAN INSURANCE COMPANY, WERNER ENTERPRISES, INC. OF NEBRASKA, CRAWFORD GREEN, PROGRESSIVE COUNTY MUTUAL INSURANCE COMPANY, AND MELISSA PETERSON * * * * * * * *

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LIST OF PARTIES NOW COME defendants, ACE American Insurance Company, Werner Enterprises, Inc. and Crawford Green, who represent that the following is a list of attorneys involved in this case and the parties they represent:

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Nicole Kelly - Plaintiff represented by: J. Patrick Hennessy, Esq. (La. Bar # 6791) Law Offices of J. Patrick Hennessy 401 Edwards Street, Suite 1310 P.O. Box 91 Shreveport, LA 71161-0091 Tel: 318-221-8000 Fax: 318-221-4300

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Werner Enterprises, Inc. ACE American Insurance Company and Crawford Green- Defendants represented by: Perrier & Lacoste, LLC., Guy D. Perrier, C. Michael Parks, and Eric W. Sella One Canal Place 365 Canal Street, Suite 2550 New Orleans, Louisiana 70130 Ph: (504) 212-8820 Facsimile: (504) 212-8825

3. Defendants, Progressive County Mutual Insurance Company and Melissa Peterson—Defendants Represented by: Unknown—Not yet served

Respectfully submitted, S/ C. Michael Parks __________________________________ GUY D. PERRIER, T.A. #20323 C. MICHAEL PARKS, #19727 ERIC W. SELLA, #33474 365 Canal Street, Suite 2550 New Orleans, LA 70130 Telephone: (504) 212-8820 Facsimile: (504) 212-8825 E-mail: gperrier@perrierlacoste.com mparks@perrierlacoste.com esella@perrierlacoste.com ATTORNEYS FOR DEFENDANTS, ACE AMERICAN INSURANCE COMPANY, WERNER ENTERPRISES, INC. AND CRAWFORD GREEN

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CERTIFICATE OF SERVICE I hereby certify that the foregoing pleading has been delivered to all counsel of record, either through the CM/ECF system, depositing a copy of same in the United States mail, first class postage prepaid, by hand delivery or by facsimile transmission, this 7th day of June, 2011, at their last known address of record. S/ C. Michael Parks __________________________________ C. MICHAEL PARKS

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