United States District Court, E.D. Louisiana
ORDER & REASONS
E. Fallon U.S. District Court Judge
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.
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.
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.
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; ...