Hearing in suit against New Orleans Aquarium continued without date

Alejandro de los Rios Jan. 10, 2011, 12:47pm

A hearing on three defense motions in a liability suit against the New Orleans Aquarium has been continued without date in Orleans Parish Civil District Court.

Darrell Stevens is suing on behalf of himself and his three children, claiming that an elevator they were riding in at the Aquarium in August, "suddenly and forcefully dropped several feet back to the first floor causing the elevator jerk and the safety wire to engage."

Covington attorney Timothy Upton filed the petition for damages in September. The suit claims that, "employees were negligent in neglecting the maintenance of the elevator and/or failing to place 'caution' signs due to the defect in the elevator and are therefore responsible for the plaintiffs' injuries."

Orleans Parish Judge Piper Griffin was set to hear motions filed by the elevator company for exception of vagueness, procedural capacity and no cause or right of action on Friday.

Covington attorney Christopher Aubert is representing Carson. The motion of vagueness states, "[A] mere allegation of generic, undefined, and yet-to-be-discovered liability and/or damages ... is not an allegation of fact."

Stevens' lawsuit claims that he and his children had to go to the hospital and "undergo medical attention," though the suit doesn't specify any injuries or medical costs.

The lawsuit names the Aquarium, the Audubon Nature Institute Inc., and Carson Elevator LLC.

Covington attorneys John Ellinghausen and Henry Kinney are representing Audubon and the Aquarium.

Orleans Parish Case 2010-09711

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