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Mire v. American Multi-Cinema, Inc.

United States District Court, E.D. Louisiana

January 21, 2015

CAROLYN M. MIRE,
v.
AMERICAN MULTI-CINEMA, INC., AND FLIK, INC. Section:

ORDER AND REASONS

MARY ANN VIAL LEMMON, District Judge.

IT IS HEREBY ORDERED that American Multi-Cinema, Inc.'s Motion for Summary Judgment (Doc. #5) is DENIED.

BACKGROUND

This matter is before the court on a motion for summary judgment filed by defendant, American Multi-Cinema, Inc. ("AMC"). AMC argues that plaintiff's claims against it are prescribed on the face of the complaint, and that plaintiff cannot prove that prescription of her claims against AMC were interrupted by AMC's acknowledgment of the accident and injury.

Plaintiff, Carolyn M. Mire, alleges that on August 4, 2013, she was injured when she tripped and fell over a defective handicapped parking sign base and protruding metal piece attached to the base in the parking lot of the AMC theater in Harahan, Louisiana. The theater and parking lot are owned by defendant Flick, Inc., and leased to AMC.

Mire admits that her suit was filed more than one year after the alleged accident, but alleges that prescription of her claim against AMC was interrupted by AMC's acknowledgment of the accident and injury. Mire alleges that following facts to support her contention:

• Pennsylvania attorney, Alan Gelb, communicated on her behalf with Chris Downard, AMC's adjustor.
• On January 16, 2014, Gelb notified Downard of his representation of Mire in response to an August 5, 2013, letter to Mire from AMC.
• On January 29, 2014, Downard informed Gelb and Mire that AMC was self-insured with liability coverage, and that excess coverage was available.
• On March 31, 2014, Downard sent a "Medicare Consent to Release" form to Gelb for Mire's signature, and advised Gelb that it was his intention to obtain Mire's medical information from Medicare to get the Conditioned Payment Amount that AMC would be required to repay Medicare.
• On April 23, 2014, Gelb set the executed Medicare Consent to Release and HIIPPA documents to Downard.
• On July 14, 2014, Gelb sent copies of Mire's medical records to Downard with an offer to settle Mire's claim.
• Thereafter, Downard contacted Gelb by telephone and requested copies of Mire's medical bills ...

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