A recent court filing has brought to light a complex legal battle involving an automobile accident at the Port of New Orleans. The complaint, filed by Daneric Anderson in the Orleans Parish Civil District Court on December 8, 2017, names Kenneth Briggs and Ports America Louisiana, LLC as defendants. The case has since evolved into a tangled web of third-party demands and summary judgments, culminating in a dismissal without prejudice by the Court of Appeal on September 20, 2024.
The origins of this case date back to December 9, 2016, when Daneric Anderson sustained injuries in an automobile accident at the Port of New Orleans. According to Anderson's petition, Kenneth Briggs, an employee of Ports America Louisiana, LLC, attempted a left-hand turn and collided with Anderson's vehicle. Anderson subsequently filed a lawsuit against Briggs and Ports America, along with their liability and uninsured motorist insurers.
Ports America responded to Anderson's petition by filing an answer on April 6, 2018. Later, on September 14, 2020, they filed a third-party demand against Admiral Security Services Inc. (ASSI), which employed Anderson at the time of the accident. Ports America sought full indemnification and reimbursement from ASSI based on a contract between the parties. This was followed by another third-party demand on December 21, 2021, naming Admiral Security Holdings LLC (ASH) as a defendant.
On February 3, 2023, Admiral filed a Motion for Summary Judgment arguing that the indemnity provision in their contract did not apply to actions attributed to Ports America's negligence. The trial court heard this motion on March 3, 2023 and granted it on March 21, dismissing Ports America's third-party demands against Admiral with prejudice.
In response to this judgment, Ports America and Kenneth Briggs filed a Motion for New Trial on March 28, which was timely according to Louisiana Code of Civil Procedure Article 1974. They also filed a Motion for Devolutive Appeal on May 12 after their initial motion was denied. However, complications arose when it was discovered that no valid judgment had been issued regarding their Motion for New Trial due to procedural oversights.
The Court of Appeal reviewed these procedural issues and found that there was no valid final judgment compliant with Louisiana Code of Civil Procedure Article 1918. As such, they concluded that the appeal order signed on February 2 was premature because the trial court had not properly disposed of all motions for new trial. Consequently, the appellate court dismissed the appeal without prejudice and remanded the case back to the trial court with instructions to issue a valid judgment.
Representing Ports America Louisiana LLC and Kenneth Briggs are attorneys Scott A. Soule from Blue Williams LLC in Metairie and Frank J. Torres alongside Josephine H. Azuma from Deutsch Kerrigan LLP in New Orleans represent Admiral Security Services Inc., and Admiral Security Holdings LLC.
This intricate legal saga continues under Case ID No. 2024-CA-0232 before Honorable Judge Jennifer M. Medley at the Orleans Parish Civil District Court.