NEW ORLEANS – A local woman and her children are suing a golf course and the organizations who hosted a tournament there after her husband was killed in fall from a moving golf cart.
Elizabeth Desormeaux, herself and on behalf of her deceased husband Danny Desormeaux, Ryan Desormeaux and Danielle Desormeaux Broussard filed suit against Lakewood Golf LLC, The Kelly Gibson Foundation, Feed the Relief Inc. and New Orleans Fire Fighters Pension and Relief Fund in the Orleans Parish Civil District Court.
On Dec. 27, 2012 Danny, Elizabeth and Ryan were attending a golf tournament hosted by the Kelly Gibson Foundation/Feed the Relief Inc. at Lakewood Gold Course owned by the New Orleans Fire Fighter Pension & Relief Fund, the suit says.
The suit alleges Danny Desormeaux, who was riding along with the plaintiffs at the back of the cart, was thown from the golf cart when it traversed an uneven part of the path and he struck his head on the concrete cart path and sustained serious and fatal injuries for which he was hospitalized for and died on Feb. 1, 2013.
They are accusing the defendants of carelessness, recklessness, and negligence.
They are requesting damages for mental pain and anguish, loss of enjoyment of life, impairment loss, income, medical and funeral expenses, and death. The suit includes survival and wrongful death actions.
Plaintiff is represented by Jeanne M. Laborde of Lafayette and the Marionneaux Law Firm LLC.
Kelly Gibson Foundation answered the complaint on Feb. 14, arguing the group is not at fault, and that Danny Desormeaux did not heed the warning signs on the course or the cart. The Foundation claims that Danny Desormeaux’s fall, injuries and death were a result of his decision to ride in the back of the golf cart and claim that Ryan Desormeaux did not remain on the path while driving the cart, but sharply veered off of it.
Kelly is represented by attorney Maria B. De Gracia.
Lakewood Gold answered the suit on Feb. 18, with the same defense to the accusations as the Kelly Gibson Foundation.
Lakewood is represented by Keely Y. Scott of Donohue, Patrick & Scott.
The New Orleans Fire Fighters Pension and Releif Fund filed a peremptory exception of no cause and no right of action, and dilatory exception of vagueness. They are represented by Louis L. Robein of Robein, Urann, Spencer, Picard & Cangemi.
An April 11 date is scheduled in a rule to show cause.
Case is assigned to Division D Judge Lloyd J. Medley.
Case no. 2013-11890.