A car accident involving a United States Postal Service employee has led to a legal battle in the Eastern District of Louisiana. On November 5, 2024, Aurea Diab filed a complaint against the United States of America and Alvin Duplessis in the United States District Court for the Eastern District of Louisiana. The case, identified as 2:24-cv-2606, accuses Duplessis of negligence resulting in a vehicular collision.
The lawsuit stems from an incident on December 24, 2024, when Aurea Diab was driving along Gentilly Road at its intersection with Elysian Fields Avenue in New Orleans. According to the complaint, her vehicle was unexpectedly struck by another vehicle driven by Alvin Duplessis. It is alleged that Duplessis made an illegal left-hand turn into Diab's vehicle, causing significant damage and injuries. The complaint states that Duplessis was operating his vehicle within the scope of his employment with the United States Postal Service at the time of the accident.
Diab's complaint outlines several accusations against Duplessis, including making an illegal left-hand turn, failing to yield, not maintaining proper control of his vehicle, and violating state and local traffic ordinances. These actions are claimed to have resulted in physical pain and suffering for Diab, as well as mental anguish and other damages. The lawsuit seeks compensation for past and future medical expenses, rehabilitation costs, property damage, loss of services and society, and loss of enjoyment of life.
Under the Federal Torts Claims Act (28 U.S.C. § 2671 et seq.), Diab is pursuing damages from both Duplessis and the United States government. The complaint argues that since Duplessis was on duty for the Postal Service during the incident, the government is liable under the doctrine of respondeat superior. This legal principle holds employers responsible for their employees' actions performed within their employment scope.
In addition to seeking financial compensation for her injuries and losses, Diab requests that all court costs be covered by the defendants. Her legal representation is provided by Megan C. Kiefer from Kiefer & Kiefer law firm based in New Orleans.
The case will be presided over by judges from the Eastern District Court with attorneys representing both parties preparing for what could be a lengthy legal process. The plaintiff's attorney is Megan C. Kiefer while Duane Evans represents the United States through his office as US Attorney for this district.