Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Shephard v. AIX Energy, Inc.

Court of Appeals of Louisiana, Second Circuit

June 27, 2018

JEREMY SHEPHARD AND EMILY SHEPHARD AND MICHAEL JACKSON AND TAMISIA JACKSON Plaintiffs-Appellees
v.
AIX ENERGY, INC., AIX OPERATING COMPANY, BEAR CREEK SERVICES, LLC, NATIONAL UNION FIRE INSURANCE COMPANY, AVERY GRAVES IV, REPUBLIC WELL TESTING Defendants-Appellants

          On Motions for Limited Rehearing Originally Appealed from the First Judicial District Court for the Parish of Caddo, Louisiana Trial Court No. 577, 546, Honorable Craig Marcotte, Judge.

          COOK, YANCEY, KING & GALLOWAY By: Sidney E. Cook, Jr. Lisa C. Cronin, John T. Kalmbach, David J. Hemken, MAHTOOK & LAFLEUR, By: Ward F. LaFleur Richard J. Hymel, Counsel for Defendants-Appellants AIX Energy, Inc. and St. Paul Fire & Marine Ins.

          GREGORIO, CHAFIN, JOHNSON, POOLSON & TABOR, LLC By: Scott Chafin, Jr. Julie Payne Johnson Counsel for Plaintiffs-Appellees Jeremy Shephard and Emily Shephard, and Michael Jackson & Tamisia Jackson.

          ROBERT L. SIEGEL, RACHEL G. WEBRE, JAMESON MICHAEL TAYLOR, Counsel for Defendants-Appellees National Union Fire Ins. Co., AIG Specialty Ins. Co. a/k/a Chartis Ins. Co.

          LUNN, IRION, SALLEY, ET AL. By: Gerald M. Johnson, Jr. Counsel for Defendants-Appellees Bear Creek Services, LLC and Avery Graves, IV.

          JOHNSON, RAHMAN & THOMAS By: Patricia Jackson Delpit Counsel for LWCC Intervener-Appellee.

          Before WILLIAMS, MOORE, PITMAN, COX and McCALLUM, JJ.

          MOORE, J.

         ON MOTIONS FOR LIMITED REHEARING

         The plaintiffs, Jeremy Shephard, Emily Shephard, Michael Jackson and Tamisia Jackson, have filed an application for limited rehearing to correct the amended awards to allocate them to the balance of the St. Paul policy. The defendants, AIX Energy Inc. and St. Paul Fire & Marine Insurance Company, have filed a request for limited rehearing to correct the amended awards to reflect the 97.5% allocation of fault to AIX Energy. Both motions are hereby GRANTED.

         The first, second, fourth, fifth and sixth paragraphs of the judgment are amended and rendered as follows:

It is ordered, adjudged and decreed that there be judgment herein in favor of plaintiff Jeremy Shephard and against defendant AIX Energy Inc. in the sum of Sixteen Million, Seven Hundred Two Thousand, Two Hundred Six & 33/100 ($16, 702, 206.33) dollars, plus legal interest, this judgment being unenforceable against AIX Energy Inc. pursuant to the ruling of the U.S. Bankruptcy Court for the Northern District of Texas, Dallas Division, In re: AIX Energy, Chapter 11, Case No. 15-34245, that plaintiff's recovery from AIX Energy Inc. is limited to Aix Energy Inc.'s liability insurance proceeds as set forth below.
It is ordered, adjudged and decreed that there be judgment herein in favor of plaintiff Jeremy Shephard and against defendant St. Paul Fire & Marine Insurance Company in the sum of Eight Million, Four Hundred Thirty-Two Thousand, Eighty-Five & 00/100 ($8, 432, 085.00) Dollars, which represents 76.90% of $10, 965, 000.00 (the remaining proceeds of insurance coverage under the St. Paul policy), plus legal interest from the date of judicial demand until paid.
It is ordered, adjudged and decreed that there be judgment herein in favor of plaintiff Emily Shephard and against defendant St. Paul Fire & Marine Insurance Company in the sum of Two Hundred Forty-Five Thousand, Six Hundred Sixteen & 00/100 ($245, 616.00) dollars, which represents 2.24% of $10, 965, 000 (the remaining proceeds of insurance coverage under the ...

Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.