Louisiana Record

Wednesday, September 18, 2019

Plaintiffs offered 30 days to file proof of service in car accident lawsuit


By Payton Kuhn | Jun 1, 2019

NEW ORLEANS – Responding to motion submitted by the Rosstrans & Services insurance company whom is facing a lawsuit from multiple plaintiffs regarding a car accident to dismiss three of the plaintiffs, a judge representing the U.S. District Court of the Eastern District of Louisiana has offered leniency and given the three thirty days to file proof of service to the court.

The lawsuit stems from an accident that took place on August 13th, 2017, in which two separate vehicles, one consisting of the three mentioned plaintiffs, Paula Washington, Byron Charles, and Kevisha Washington, and another consisting of two separate plaintiffs were struck by listed defendant Brian Gray. Gray, whose vehicle is insured by Rosstrans, was driving a commercial vehicle with an attached box trailer.

All five of the plaintiffs allege “that they were violently jolted inside their vehicles and that they suffered severe physical and mental injuries as a result,” and thus are seeking damages on multiple capacities.

Rosstrans, however, filed a motion to the court to dismiss the three aforementioned plaintiffs, claiming they had not submitted their service of process. In the court order posted on May 6th, Judge Sarah S. Vance concluded that the three plaintiffs are now given thirty days from the date to file a proof of service.

The judge continued to explain that the plaintiffs mentioned had “not displayed a stubborn resistance to the court’s authority,” and their inability to file service of process was “not evidence of contumacious conduct,” as they did not have legal representation during the time period they were supposed to do so.

The three plaintiffs mentioned in the order will have until June 5th to file, while the other two plaintiffs remain unaffected by the court’s order.

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U.S. District Court for the Eastern District of Louisiana

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