Upton
Orleans Parish Judge Piper Griffin will hear three defense motions in a liability suit involving an elevator accident at the Aquarium of the Americas.
Darrell Stevens is suing on behalf of himself and his three children, claiming that an elevator they were riding at the Aquarium in August, "suddenly and forcefully dropped several feet back to the first floor causing the elevator jerk[sic] 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 plaintiff's injuries."
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.
Covington attorney Christopher Aubert is representing Carson.
Aubert filed three motions for exceptions of vagueness, procedural capacity and no cause or right of action. 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.
Orleans Parish Case 2010-09711