The Monson Law Firm Wins Summary Judgment for Auto Insurer and Insured Driver in Pothole Case
October 12, 2015
On September 11, 2015, the Civil District Court for the Parish of Orleans granted a Motion for Summary Judgment filed by The Monson Law Firm attorney Blake J. Lusk, ruling the insured driver was not negligent in the operation of a motor vehicle. In the case of “Dana R. Williams and Derrick E. Sykes v. Archer Western Construction, LLC, Arch Insurance Company, Imperial Fire & Casualty Insurance Company and Eileen Maldonado,” plaintiffs were guest passengers in a vehicle being operated by Eileen Maldonado when it drove into a large pothole. The pothole was alleged to be the result of road repairs being performed by Archer Western Construction. Plaintiffs made claim against Eileen Maldonado, and her insurer, Imperial, asserting that the accident was caused by Eileen Maldonado’s negligence. Despite opposition from both co-defendants and plaintiffs, the District Court held that Eileen Maldonado was not negligent in the operation of the motor vehicle. Accordingly, plaintiffs’ claims against Eileen Maldonado and Imperial were dismissed with prejudice.