GRETNA – A national sporting goods retailer is suing a delivery company after one of its vehicles was driven into a power pole serving the store, which resulted in a seven hour power outage and lost revenue.
Academy Ltd. filed suit against Averitt Express Inc. in the 24th Judicial District Court on March. 19.
Academy claims that it lost power to their sporting goods store located at 50 Westside Shopping Center in Gretna on Sept. 4, 2012, after a vehicle owned by Averitt Express and driven by one of its employees collided with a power pole and knocked out electricity serving the store. The plaintiff alleges that the store’s electrical connection was off for seven hours and during that time it lost revenue due to not being able to properly function. Academy asserts in addition to losing thousands of dollars in sales it also incurred costs for renting a generator and associated fuel, freight and labor costs.
The defendant is accused of vicarious liability, direct negligence and damages due to the store’s extra expenses and lost revenue.
An unspecified amount in damages is sought for lost sales and profits, rental expenses incurred in obtaining a generator to repower the store, freight expenses necessarily incurred in transporting the generator and labor expense necessarily incurred to operate the generator.
Academy Ltd. is represented by James M. Garner of Sher Garner Cahill Richter Klein & Hilbert LLC.
The case has been assigned to Division F Judge Michael P. Mentz.
Case no. 724-985.