NEW ORLEANS – The owner of a local parking garage is being sued by a lessor who won a judgment, but was allegedly not paid.
Crutcher-Tufts Corporation filed suit against Peter Coleman, Alise Durand, Douglas J. Durand, Stephanie T. Butler, John and Jane Doe and Downtown System Parking Inc. in the Orleans Parish Civil District Court on Dec. 10, 2013.
The suit alleges that the defendants dissolved the company found responsible for damages in a prior judgment in order to avoid paying. They claim that on April 25, 2012, Crutcher-Tufts were awarded $467,772.63 plus interest in a civil action concerning a default under a lease of a parking lot. The suit alleges that on May 3, 2012, several of the defendants dissolved Downtown System Park, despite knowing the liability of the company. Because the shareholders were aware, Crutcher-Tufts asserts that they should be responsible for the damages awarded in the prior civil action. Furthermore, the suit claims the defendants are personally liable for the actions taken in violation of Louisiana law regarding filing a false public record.
Crutcher-Tufts is represented by Scott M. Galante of Galante & Bivalacqua LLC of New Orleans.
Peter Coleman provided an answer on Feb. 12, stating that the charges were overly vague and ambiguous and DSP is not dissolved, but still a functioning entity. He alleges that Crutcher-Tufts is attempting to circumvent normal legal procedure by filing a new suit against these defendants instead of proper procedure through the existing action. He also argues that none of the defendants reside in New Orleans, nor does the plaintiff corporation and claims that the lawsuit is a form of harassment.
Case is assigned to Division N Judge Ethel S. Julien.
Case no. 2013-11628.