BATON ROUGE — A St. Helena Parish couple is suing multiple defendants, alleging their collective negligence caused a crash that injured the plaintiffs.
James Howard Mercier Jr. and Kimberly Mercier filed a lawsuit Aug. 20 in U.S. District Court for the Middle District of Louisiana against Zurich American Insurance Company, Quality Carriers Inc., Quality Distributions Inc. Quality Trucking Inc. and Michael J. Montgomery, alleging negligence in failing to exercise due care and caution in the operation of Montgomery's vehicle.
According to the complaint, on Aug. 27, 2015, the Merciers were driving eastbound on Interstate Highway 10 near Daphne, Alabama, when their 2007 Pontiac Grand Prix was violently rear-ended by a truck-tractor driven by Montgomery, who was acting as an agent for one or more of the other defendants. The suit says the crash caused the Merciers to sustain bodily injuries, physical pain and suffering, mental anxiety and anguish, lost wages and medical expenses.
The plaintiffs allege Montgomery operated his vehicle at a high and dangerous rate of speed, failed to timely stop to avoid a collision and drove his vehicle in disregard of the prevailing road, weather and traffic conditions.
The Merciers seek trial by jury, damages of more than $75,000, punitive damages, injunctive relief, attorney fees, court costs and all other relief the court deems just. They are represented by attorney Markus E. Gerdes of Gerdes Law Firm LLC in Hammond.
U.S. District Court for the Middle District of Louisiana Case number 3:16-cv-00551