NEW ORLEANS — A Florida couple has sued a Louisiana resident after an incident that involved the husband being run over by a golf cart.
Barbara and William E. James III filed a complaint Jan. 31 in U.S. District Court for the Eastern District of Louisiana against Stephen Gilbert and Underwriters Lloyd's of London.
The couple allege they suffered following the incident where Gilbert hit and ran over William, dragging him a few feet at the Chateau County Club in Kenner on Feb. 5, 2016. William James said he suffered injuries and damages while his wife alleged she suffered loss of consortium, service and society of her husband.
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They say Gilbert was at fault because he failed to be mindful while driving and also failed to maintain control over the golf court.
Attorney Peter Russell said that to determine if the claim is legitimate one needs to know the prior health of William James.
“Did he already has a weakened back? Did he already have some things that were degenerated to the point that all it took was a minor bump and it would rupture a disc or cause a bulging disc? It is really hard to say without actually looking at the evidence and knowing what the injuries have been reported,” Russell told the Louisiana Record.
"He is alleging that he suffered a loss of contortion, which isn’t usually dire very much yet, it would have an impact on your ability to maintain your social life with your significant other or children.”
Russell said it seemed like a straightforward claim in a car accident where someone was injured.
“It could just be a payday but without knowing exactly what the person was claiming their injuries are I wouldn’t know,” he said
The plaintiffs seek trial by jury, judgment defendants, jointly, severally and in solido, in a sum to be determined by jury, plus interest, costs of court and all other legal and equitable relief.