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They say lightning never strikes the same place twice. That was not the case in Orleans Parish where Kennedys partner Callie Murphy recently secured not one, but two, summary judgment victories.
In Walker v. Acadian Properties, LLC, et al, a direct action was brought against a London-based specialty insurance provider. The plaintiffs alleged professional negligence and fraud by its insured, a design consultant overseeing a residential construction project. We established coverage was never triggered under the insured’s “claims-made-and-reported” policy. The Honorable Sidney H. Cates IV granted our motion, dismissing all claims against our client.
In Heidelberg v. Zulu Social Aid and Pleasure Club, Inc., et al, the plaintiff sought damages for injuries he sustained when he was attacked by an unknown assailant while attending the 2019 Zulu Mardi Gras Coronation Ball. We established that the defendant did not owe a legal duty to the plaintiff. The Court found that the entire incident, which occurred within less than 10 minutes, was “sudden and without warning.” The Court’s ruling further solidifies Louisiana precedent that a defendant has no duty to protect a plaintiff from the sudden violent acts of third parties when there is no evidence the defendant had actual or constructive knowledge of an impending threat. See Turley v. Straughan, 96-2607 (La. App. 4 Cir. 4/30/97); 694 So.2d 532, 534, writ denied, 97-1417 (La. 9/19/97) 701 So.2d 172. The Honorable Monique Barial, Chief Judge, granted our motion, dismissing all claims against the security firm.
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