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Davis v. Courtyard Management Corp.

United States District Court, E.D. Louisiana

August 30, 2019

THOMAS DAVIS
v.
COURTYARD MANAGEMENT CORP. ET AL.

         SECTION “L” (5)

          ORDER & REASONS

          Eldon E. Fallon U.S. District Court Judge

         Before the Court is a motion to sever filed by Defendants National Interstate Insurance Company (“National Insurance”); Samson Tours, Inc. (“Samson Tours”); and Willie Spencer. R. Doc. 17. Defendants Courtyard Management Corporation (“Courtyard”) and Marriott International, Inc. (“Marriot”) join the motion. R. Doc. 18. Plaintiff Thomas Davis opposes the motions. R. Docs. 24, 25. Defendants National, Samson, and Mr. Spence have filed a reply. R. Doc. 29. The Court now rules as follows.

         I. BACKGROUND

         On January 31, 2019, Plaintiff Thomas Davis brought this action in Civil District Court for the Parish of Orleans, State of Louisiana against Defendants National Insurance, Samson Tours, Mr. Spencer, Courtyard, and Marriot, alleging he sustained damages as a result of automobile accidents that took place on July 14, 2018 and July 21, 2018. R. Doc. 1-1. Defendants timely removed the action to this Court on February 18, 2019. R. Doc. 1.

         In his complaint, Mr. Davis alleges that on or about July 14, 2018, he was driving on the 910 block of Iberville Street when “[w]ithout warning, a vehicle driven by an unknown valet employee of the defendant, [Courtyard and/or Marriot] failed to yield to the right of way and struck the rear passenger side of the [Mr. Davis's] vehicle, causing injuries and damages.” R. Doc. 1-1 at ¶ 2. Mr. Davis further alleges that, one week later, on July 21, 2018, he was driving on Toulouse Street when again, “[w]ithout warning, a vehicle owned by defendant, [Samson Tours] and driven by defendant, [Mr. Spencer], improperly changed lanes and struck [his] vehicle, causing injuries.” Id. at ¶ 3.

         Based on these allegations, Mr. Davis brings suit against Defendants Mr. Spencer, Samson Tours, and their insurance carrier, National Insurance, and Defendants Courtyard and Marriot, seeking damages for:

A. Past, present, and future physical pain and suffering;
B. Past, present, and future mental anguish;
C. Past, present, and future medical expenses;
D. Lost wages and loss of earning capacity;
E. Property damage and/or property damage deductible;
F. Loss of use of vehicle;
G. Rental car expenses; ...

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