A New Orleans bank customer is suing over severe injuries she claims to have sustained when a glass partition shattered and sprayed glass in her face.
In a personal injury suit filed Jan. 26 in the Civil District Court for the Parish of Orleans, Inda Cole claims Chase Bank on General Degaulle Drive should have warned visitors and workers of the dangerous condition the partition created. She is suing J.P. Morgan Chase Bank, First Commerce Real Estate Corporation and Liberty Mutual Fire Insurance Company.
The defendants removed the case to federal court in the Eastern District of Louisiana on March 2.
Cole claims the defendants failed to maintain a reasonably safe place for customers, failed to protect the safety of visitors and failed to maintain, inspect and supervise the premises.
J.P. Morgan Chase generally denies the plaintiff's allegations and states the incident was caused by her negligence.
Chase believes Cole added defendant First Commerce Real Estate Corporation to defeat federal jurisdiction. The defendant argues there are no specific allegations of negligence or strict liability against the real estate corporation and therefore, federal court is the proper venue for litigation.
Chase also defends the transfer to federal court arguing Chase was the sole owner of the bank location at the time of the incident.
The plaintiff has not served First Commerce Real Estate with the lawsuit.
The plaintiff is asking for more than $75,000 in damages for physical pain and suffering, mental pain and suffering, medical expenses, loss of earnings, loss of earning capacity, permanent disability, and loss of consortium, legal interest, and attorney's fees.
New Orleans attorney Edward J. Womac, Jr. is representing Cole.
U.S. District Judge Helen G. Berrigan will preside over the litigation.
Case No 2:10cv00728