Case 2:15-cv-07152-SM-MBN Document 1 Filed 12/30/15 Page 1 of 4

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF LOUISIANA
EMILY GERRA

CIVIL ACTION

VERSUS

NO. 2:15-cv-7152

BANKERS STANDARD INSURANCE

COMPANY

SECTION

COMPLAINT
To the Honorable United States District Court for the Eastern District of Louisiana and the
judges thereof.
I.
Plaintiff, Emily Gerra, appearing herein through undersigned counsel, is a natural person
of full age of majority and resident of New Orleans, Louisiana.
II.
Defendant herein is:
1.

Bankers Standard Insurance Company, a foreign corporation with its principle

place of business within the Commonwealth of Pennsylvania and within the
jurisdiction of this Honorable Court.
III.

The United States District Court for the Eastern District of Louisiana has original
jurisdiction over the subject matter of this action pursuant to 28 U.S.C. Section ' 1332, as there is

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complete diversity of citizenship between plaintiff and defendant and the amount in controversy
exceeds, exclusive of interest and costs, the jurisdictional amount.
IV.
Venue is proper as the events that give rise to this lawsuit, namely an automobile collision,
occurred within the Eastern District of Louisiana.
V.
At all times pertinent hereto Bankers Standard Insurance Company had in full force and
effect a policy of automobile insurance including uninsured/underinsured insurance covering
Emily Gerra for the automobile accident of January 5, 2015.
VI.
On January 5, 2015 Emily Gerra was operating her vehicle East on North Hagan Street in
New Orleans, Louisiana approaching the intersection of N. Hagan and Toulouse Street when
another driver, Jose Chirinos, who was driving the wrong way, entered the intersection and struck
Emily Gerras vehicle. Jose Chirinos was cited for driving the wrong way down a one way street
and for having no drivers license.
VII.
At all times pertinent hereto the tort-feasor, Jose Chirinos, was under-insured.
VIII.
The aforesaid crash and the injuries and damages resulting therefrom were caused in whole
by the negligence of Jose Chirinos.

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IX.
As a result of the foregoing Emily Gerra was caused to sustain injuries to her neck, back
and hip. She has been caused to suffer physical pain and suffering; she has required medical care
and treatment; she has incurred medical expenses for doctors, hospitals, medications and related
medical expenses and she has been handicapped in her other activities creating a loss of enjoyment
of life; the full residuals and sequelae of her injuries are not yet fully known but will be severe, all
of which is to her damage and in an amount deemed reasonable on the premises.
X.
In addition, Emily Gerra asserts that defendant, Bankers Standard Insurance Company, as
UM carrier for Emily Gerra, has acted arbitrary and/or capricious in failing to unconditionally
tender any undisputed amounts to Emily Gerra within 30 days as provided for in R.S. 22:1892
(formerly R.S. 22:658). Also, Bankers Standard Insurance Company has failed to adjust Emily
Gerras claim fairly and promptly and has failed to unconditionally tender any amount due
within 60 days as provided for in R.S. 22:1973 (formerly R.S. 22:1220). Emily Gerra asserts that
she has provided Bankers Standard Insurance Company with satisfactory proofs of loss. Emily
Gerra now ask for all penalties and attorney fees associated with the prosecution and collection
of said damages under the above mentioned revised statutes.

WHEREFORE, considering the foregoing, plaintiff prays that her complaint be filed and
that after due proceedings had there be judgment in Emily Gerras favor and against defendant
jointly, severally and insolido in amounts deemed reasonable in the premises and for all general
3

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and equitable relief and for all costs of these proceedings.

Respectfully Submitted:
THE GLORIOSO LAW FIRM
s/Vincent J. Glorioso, III
VINCENT J. GLORIOSO, III T.A.(#26896)
VINCENT J. GLORIOSO, JR. (#6064)
MARIA B. GLORIOSO (#24435)
2716 Athania Parkway
Metairie, LA 70002
Telephone # (504) 569-9999
Facsimile # (504) 569-9022
Trey@gtorts.com
Attorneys for Emily Gerra