Motion to dismiss denied in councilman's suit against Brown Ferris Industries
Judge Piper Griffin denied a defense motion for dismissal in an Orleans Parish Civil District Court case involving a waste disposal truck allegedly hitting an electrical pole and knocking out power to a Papa John's franchise in July 2005.
Former Louisiana state senator and current New Orleans city councilman Jon Johnson is suing Brown Ferris Industries (BFI) waste services through his company Johnson Foods and Restaurant LLC, which owns several Papa John's franchises in the New Orleans Area.
New Orleans attorney Harry Cantrell filed the original petition for damages in June 2006. The suit claims that a BFI-owned garbage truck struck several utility poles which caused the Papa John's on Canal Street to lose power and, subsequently, lose several hours of business.
New Orleans attorney Michael Meyer is representing BFI. In May, the defense filed a motion to dismiss the case for failure of the plaintiffs to make discovery, obey court orders and obey the court's judgment.
The defense claimed that the plaintiff's damages claim of more than $150,000 has not been supported by any documents provided by the plaintiffs.
The defense also argued that "Councilman Johnson's displeasure with this is a major motivating factor in this lawsuit."
Orleans Parish Case 2006-05186