NEW ORLEANS – A St. Tammany motorist has filed suit against his insurer and another driver after an accident in Slidell.
Jerry D. Magness filed a complaint on Feb. 2 in the U.S. District Court for the Eastern District of Louisiana against Randi Eaton, State Farm Mutual Automobile Insurance Co. and State Farm Fire and Casualty Co. alleging breach of duty of good faith and fair dealing.
According to the complaint, the plaintiff alleges that on Feb. 17, 2016, he was wearing his seat belt and driving northbound on Pontchartrain Drive near its intersection with Broad Street in Slidell when Eaton, who was traveling from the opposite direction, negligently attempted a left-hand turn into a private drive causing a head-on collision with plaintiff’s vehicle. As a result, plaintiff alleges he suffered multiple injuries, which resulted in physical and mental pain, loss of enjoyment of life and medical expenses. The suit states State Farm tendered $60,400 in uninsured motorist benefits to the plaintiff after he forwarded a report of his damages of more than $315,000.
The plaintiff holds Eaton, State Farm Mutual Automobile Insurance Co. and State Farm Fire and Casualty Co. responsible because defendant Eaton allegedly failed to yield to the right of way and carelessly operated a motor vehicle and defendants State Farm allegedly failed to pay the amount due to plaintiff within 60 days after receipt of satisfactory proof of loss.
The plaintiff requests a trial by jury and seeks judgment against defendants, jointly, severally, and in solido in an amount as may be reasonable in the premises, plus interest, attorney’s fees and all costs and all other general and equitable relief. He is represented by Keith L. Magness of Law Office of Keith L. Magness LLC in Gretna.
U.S. District Court for the Eastern District of Louisiana Case number 2:17-cv-00922