NAOMI ARTHUR ON BEHALF OF HER DECEASED AUNT, MALINDA WILLIAMS Vs. AMERICAN HOME ASSURANCE COMPANY, HEALTHCARE CASUALTY INSURANCE LIMITED, AGGREKO, LLC AND TOURO INFIRMARY
Annotate this Case
Download PDF
NAOMI ARTHUR ON BEHALF OF HER DECEASED AUNT, MALINDA WILLIAMS * NO. 2015-CA-0833 * COURT OF APPEAL VERSUS * FOURTH CIRCUIT AMERICAN HOME ASSURANCE COMPANY, HEALTHCARE CASUALTY INSURANCE LIMITED, AGGREKO, LLC AND TOURO INFIRMARY * STATE OF LOUISIANA ******* APPEAL FROM CIVIL DISTRICT COURT, ORLEANS PARISH NO. 2014-00486, DIVISION “L-6” HONORABLE KERN A. REESE, JUDGE ****** JAMES F. MCKAY III CHIEF JUDGE ****** (Court composed of Chief Judge James F. McKay III, Judge Daniel L. Dysart, Judge Madeleine M. Landrieu) ROBERT I. SIEGEL ALISTAIR M. WARD GIEGER LABORDE & LAPEROUSE, LLC 701 Poydras Street 4800 One Shell Square New Orleans, Louisiana 70139-4800 Counsel for Defendant/Appellee, American Home Assurance Company DOUGLAS K. WILLIAMS CHRIS D. BILLINGS SAUL R. NEWSOME BREAZEALE SACHSE & WILSON, LLP One American Place, 23rd Floor P. O. Box 3197 Baton Rouge, Louisiana 70821-3197 Counsel for Defendant/Appellant, Aggreko, LLC REVERSED AND REMANDED APRIL 20, 2016 The plaintiff, Naomi Arthur, on behalf of her deceased aunt, Malinda Williams, filed suit alleging injuries suffered after the loss of power at Touro Infirmary (“Touro”) following Hurricane Katrina. Specifically, it is alleged that Ms. Williams was exposed to high heat and humidity after the loss of power to the cooling system. The action names Touro, Healthcare Casualty Insurance Limited, Aggreko, LLC (“Aggreko), and American Home Assurance Company (“American Home”) as defendants. Aggreko appeals the April 24, 2015 judgment of the trial court granting a motion for partial summary judgment in favor of its insurer, American Home. Aggreko asserts herein that the trial court erred in finding that Aggreko is responsible for a separate $50,000.00 deductible for each plaintiff with a similar pending lawsuit. The record reflects that approximately forty-one similar actions have been filed. The legal issues presented in the instant case and those presented in the companion case of Thebault v. American Home Assurance Co. 2015-CA-0800, 1 also rendered this date, are identical. Consequently we adopt the analysis set forth in the Thebault opinion as though set forth herein in full and, for those reasons, we reverse the judgment of the trial court granting the motion for partial summary judgment in favor of American Home and remand for further proceedings. REVERSED AND REMANDED 2
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.
