NEW ORLEANS – A local Winn-Dixie grocery store is being sued by a woman claiming she slipped and fell on an aisle while shopping.

Shewanda Hubbard filed a lawsuit against Winn Dixie Montgomery, LLC in the Orleans Parish Central District Court. Hubbard claims she slipped and fell suddenly in a puddle of water that had accumulated on the floor of the defendant’s store located on Chef Menteur Highway here in New Orleans.

The plaintiff is accused of failure to maintain the floors for public safety, failure to thoroughly inspect premises and all other acts of negligence or strict liability.

An unspecified amount is sought for all damages including, but not exclusively, lost wages, loss of function, medical expenses and mental pain and anguish.

The plaintiff is represented by Michael J. Begoun of Wolfe, Begoun & Pick, LLC.

This case has been assigned to Division N Judge Ethel S. Julien.

Case no. 2012-10322.

Marc Frischertz

NEW ORLEANS – An Alabama resident is suing a local Marriott-owned hotel after allegedly being trapped in an elevator and sustaining injuries during an escape from the broken machinery.

Maureen A. King filed a lawsuit against Marriott Hotel Services, Inc., Renaissance Hotel Management Company, LLC, Renaissance Hotel Operating Company, Sodexo, Inc. and John Doe in the Orleans Parish Central District Court.

King claims that while she was a guest at the Renaissance Pere Marquette Hotel, she and several others became entrapped in the hotel’s elevator. According to the suit, the hotel didn’t respond to the emergency call which resulted in two male guests in the elevator prying the door open and creating an opening to escape.  Contrary to King’s will, hotel administrators pulled King by the legs through the opening resulting in her falling and suffering physical injuries.

The defendant is accused of failing to respond to the emergency elevator alarm, pulling petitioner from the elevator and causing her to fall and failing to seek emergency assistance.

An unspecified amount is sought for past medical expenses, future medical expenses, past lost wages, future lost wages, pain and suffering and mental anguish.

The plaintiff is represented by Marc L. Frischhertz of Frischhertz, Poulliard, Frischhertz & Impastato, LLC.

This case has been assigned to Division N Judge Ethel S. Julien.

Case no. 2012-10415.

NEW ORLEANS – A local shoring company is being sued by a New Orleans woman after she fell in a hole allegedly dug by the elevation company.

Barbara Walton filed a suit against Coastal Shoring, LLC and Kinsale Insurance Company in the Orleans Parish Central District Court.

The plaintiff claims that the defendant failed to warn her of the hole dug on her property during an elevation job and failed to adequately fill it with soil which resulted in her falling and seriously injuring herself.

The defendant is accused of failing to keep the area properly maintained, failing to provide warning signs of a dangerous condition and failing to maintain proper procedures.

An unspecified amount is sought for all damages including pain and suffering, emotional distress, medical expenses and loss of wages.

The plaintiff is represented by David R. Fine of Fine & Associates, PLC of New Orleans, La.

This case has been assigned to Division N Judge Ethel S. Julien.

Case no. 2012-10514.

William M. “Bill” Magee

NEW ORLEANS – A St. Tammany property holding company is suing its New Orleans neighbor over a property line dispute.

Cerniglia Place, LLC flied suit against Deborah Altazan Johnson in the Orleans Parish Civil District Court.

Cerniglia Place claims Johnson has a fence that encroaches on its neighboring property. The plaintiff alleges a survey completed by surveying company R.W. Krebs, LLC on May 23 found the fence is an impermissible encroachment and should be removed. According to Cerniglia Place, LLC, the boundary line between the two properties has not been established judicially or by an agreement of the parties and in the past the plaintiff has sought to have the encroaching fence removed, but has as of yet been unsuccessful.

The defendant is accused of encroaching on the plaintiff’s property.

The plaintiff is seeking a court order for the removal of the fence and compensation for the cost of the suit.

Cerniglia Place, LLC is represented by William M. Magee of Covington-based Magee, Zeringue & Richardson.

The case has been assigned to Division N Judge Ethel S. Julien.

Case no. 2012-10621.

S. Ault Hootsell III

NEW ORLEANS – A Jefferson Parish couple is accusing a New Orleans-based carpet cleaner of ruining a $49,000 rug.

Larry and Jan Merington filed suit against Needlepoint Rug Cleaning Inc. and its insurer in the Orleans Parish Civil District Court on Nov. 14. The Qum silk rug was purchased in February 2000 for $6,500 but but at its most recent appraisal in 2012, was valued at $49,000, the lawsuit claims. The rug’s increase in value is attributed to the restrictions placed on Iranian imports after the rug was purchased.

The Meringtons were told that any damage sustained to the rug during cleaning would be covered under the cleaner’s insurance policy. They claim that the rug was washed with a chlorine based solution, causing the dyes to run and fade. The company admitted fault but the damages were not covered under its insurance policy.

The defendant is accused of negligence and breach of contract.

The plaintiffs are seeking no less than $49,000 and the cost of the suit as compensation.

Larry and Jan Merington are represented by S. Ault Hootsell III of New Orleans-Based Phelps Dunbar.

The case has been assigned to Division N Judge Ethel S. Julien.

Case No. 2012-10651.

Martha Y. Curtis

NEW ORLEANS – A downtown New Orleans Gravier Street hotel claims a waterproofing company performed substandard work.

Windsor Court Hotel Partners, LLC filed a lawsuit against Apex Waterproof of Louisiana LLC in the Orleans Parish Central District Court on Dec. 4.

Windsor claims that the previous owners of the hotel hired the defendant to provide waterproofing and sealing services throughout the hotel. The suit goes on to explain that following Hurricane Isaac the hotel suffered immense water damage to more than 100 of the hotel rooms due to the allegedly negligent work done by Apex. The plaintiff claims the hotel has to hire another company to re-caulk the hotel at a cost of over $1 million.

The plaintiff is seeking judgment in its favor for the entire amount of damages plus attorney’s fees and interest.

Counsel for the plaintiff is Martha Y. Curtis of Sher Garner Cahill Richter Klein & Hilbert, LLC.

This case has been assigned to Division N Judge Ethel S. Julien.

Case no. 2012-11252

Newton T. Savoie

NEW ORLEANS – A New Orleans man is suing a local construction firm alleging it performed substandard mitigation and elevation work to his Morrison Road residential property.

Charlie Kendrick Jr. filed a lawsuit against Tim Clark Construction LLC and ABC Insurance Company in the Orleans Parish Central District Court on Dec. 11. The plaintiff claims he noted several discrepancies in the work done on his property by defendants. The suit enumerates several deficient acts including improperly grouted block piles, crooked stucco work, improperly installed handrails and the use of improper sized fasteners attached to posts.

The defendant is accused of breach of contract.

The plaintiff is seeking damages for breach of contract, attorney’s fees, legal costs, judicial interest, costs of proceeding and removal of the lien off of his property.

Kendrick is represented by Newton T. Savoie of New Orleans-based the Savoie & Savoie Law Firm LLC.

This case has been assigned to Division N Judge Ethel S. Julien.

Case no. 2012-11503.

NEW ORLEANS– A Texas woman is suing a local steakhouse after falling in the restaurant last year.

Roseanne Lewis filed suit against Magazine Steakhouse LLC, its management and insurer in the Orleans Parish Civil District Court on Jan. 3.

In the suit, Lewis claims that she was injured after slipping and falling on Jan. 8, 2012. The fall was allegedly caused by a hazardous  substance on the floor. The plaintiff’s injuries include hip contusions, hand contusion, a back injury, bruising and swelling, the suit claims.

The defendant is accused of negligence for creating a hazardous condition for patrons, failing to mitigate a hazardous condition, failing to adequately warn patrons of a hazardous condition and for failing to provide adequate cleanup procedures.

An unspecified amount of damages is sought for physical pain and suffering, mental anguish, medical expenses and lost wages.

Lewis is represented by Scott P. Shea of the New Orleans-based Shea Law Offices.

The case has been assigned to Division N Judge Ethel S. Julien.

Case No. 2013-00044.

Frank D’Amico Jr.

NEW ORLEANS– The owners of a yacht claim that the damages to the vessel were caused by violations of their charter agreement.

The Confidential Lady LLC filed suit against Safady Entertainment LLC, Joseph Tufaro, The Culling LLC and The Culling Productions LLC in the Orleans Parish Civil District Court on Jan. 4. The plaintiff and defendants entered into a charter agreement wheeby agents of Safady Entertainment would receive delivery of the vessel The Confidential Lady on April 1, 2012 and return it on April 12, 2012. The vessel was inspected by Joseph Tufaro and furnished with additional updated accessories to insure seaworthiness. After the voyage began, the plaintiff received reports of engine overheating that was later revealed to be caused by an influx of debris into the seawater pumps causing damage to the engine. The suit alleges that this damage was caused by negligent operation of the vessel while it was under the custody of Safady Entertainment.

Additionally, a series of substantial geographic deviations were made from the route originally agreed upon in the vessel charter agreement without the plaintiff’s consent. The agreement provided that the cruising area would be round trip from New Orleans to Key West and would be exclusive to US waters. The defendants allegedly deviated fro the geographic limitations of the agreement and in the course thereof sunk the 16.5 ft. Zodiac accompanying the The Confidential Lady in international waters. As a result of the actions of the defendants the The Confidential Lady has been undergoing repairs in Florida since May 5, 2012.

The defendant is accused of breach of contract for the damages to the yacht.

An unspecified amount of damages is sought for all reasonable repair expenses necessary for The Confidential Lady, the full cost of replacing the 16.5 ft. Zodiac lost in international waters, past and present dockage expenses, economic losses related to lost charter arrangements and for delay damages as set forth by the charter agreement.

The case has been assigned to Division N Judge Ethel S. Julien.

The plaintiff is represented by Frank D’Amico Jr. of the Law Offices of Frank D’Amico Jr.

Case No. 2013-00103.

James C. Rather Jr.

NEW ORLEANS – A Jefferson Parish man is suing a local bar after allegedly being attacked by an employee.

Eric Price filed suit against Johnny’s White’s Corner Pub LLC, Johnny White’s Pub & Grill LLC, the Mississippi River Bottom Co., Johnny White’s Inc., John D. Landrum and Jeaneen M. White, an unknown employee and the company’s insurer in the Orleans Parish Civil District Court on Jan. 10. The suit stems from an incident that occurred near the Bourbon Street bar last year.

On Jan. 12, 2012, Eric Price was standing on the sidewalk next to the bar, waiting with several other actors and performers to sign out from a photo shoot that had taken place in the French Quarter earlier that day. The shoot was part of a local movie production.

Suddenly and without provocation, an unknown employee of the bar allegedly attacked Eric Price, according to the suit. The employee claims he was taking out the trash when the attack occurred.

Eric Price alleges he suffered severe, permanent and disabling injuries to his legs and knees, requiring medical treatment and surgical intervention.

The unknown employee is accused of intentionally, purposefully, and/or recklessly attacking striking and/or battering Eric Price, and of negligently striking Eric Price. The company is accused of failing to train the unknown employee, failing to supervise its employee, of negligent hiring and retention of the unknown employee, failing to establish adequate polices for bouncers, bartenders and other agents to interact with the general public and of failing to warn the general public about the violent, aggressive and reckless behavior of it’s employees.

An unspecified amount of damages is sought for pain and suffering, mental anguish and distress, loss of enjoyment of life, medical expenses, lost wages and loss of earning capacity.

Eric Price is represented by James C. Rather Jr. of New Orleans-based Sutton, Alker & Rather LLC.

The case has been assigned to Division N Judge Ethel S. Julien.

Case No. 2013-273

Carin Dorman Brock

NEW ORLEANS – A local company contracted to perform plumbing and heating work on a residential property is being sued over alleged fire damage.

Chartis Property Casualty Company, as subrogee of Amy Chouest Crosby, filed a lawsuit against Al Bourgeois Plumbing & Heating LLC and Crane Builders of New Orleans LLC in the Orleans Parish Central District Court on Jan. 14.

The plaintiffs claim the defendants are liable for damages due to sparks associated with plumbing work performed by defendant to the first floor kitchen of the property that allegedly started a fire in the ceiling of the home’s kitchen.

The defendants are accused of negligence and breach of contract.

An undisclosed amount is sought for all damages, plus interest and legal costs.

Carin Dorman Brock of Mobile, Alabama-based Butler, Pappas, Weihmuller, Katz, Craig LLP is counsel for the plaintiff.

This case has been assigned to Division N Judge Ethel S. Julien.

Case no. 2013-340.

Mark J. Graffagnini

NEW ORLEANS – A California woman is suing a New Orleans casino after allegedly being injured in a slip and fall on its premises.

Dana Terrian, filed suit against Jazz Casino Company LLC and Harrah’s New Orleans Casino. 

Terrian claims she was on her way to the Masquerade Bar located inside Harrah’s Casino located at 228 Poydras St. on May 11, 2012, when she slipped and fell on a platform. Terrain claims she fell due to the lack of handrails, guardrails and warning signs on the platform. The plaintiff alleges that low and distracting lighting also contributed to her inability to tell distance.

After falling Terrain claims was helped by a Harrah’s employee. The plaintiff asserts that she eventually made her way to a taxi and returned to the Renaissance Hotel, were she was staying during her trip.

The following morning Terrain claims she sought medical treatment from a physician at the Tulane Medical Center emergency room who advised her to seek the guidance of an orthopedic surgeon. Upon returning to California, she was allegedly informed by an orthopedic surgeon that she had a LisFranc fracture and would need surgery.

Terrain claims she now has multiple permanent scars on her foot after having surgeries that took several months to complete. After long hours of physical therapy, Terrain claims she has been unable to return to work and also suffers from lost wages.

The defendant is accused of negligence and not keeping its premises in a reasonably safe condition and free from defects.

Damages in an unspecified amount are sought for medical expenses and pain and suffering.

Terrian is represented by Mark J. Graffagnini of the New Orleans-based Graffagnini+Associates LLC.

The case has been assigned to Division N Judge Ethel S. Julien.

No. 2013-04355.

J. Douglas Sunseri

NEW ORLEANS – Construction and investment companies are suing a subcontractor that performed work on a property located in New Orleans.

Mayeaux Construction Inc., PJM Investments LLC, Renee M. McKeough and Aeron G. McKeough filed suit against Envirogreeen LLC, Thermoseal and their insurer in the Orleans Parish Central District Court on May 29.

JM Investments claims it contracted Mayeaux Construction for new construction work on 914 7^th Street and that Mayezux in turn contracted Envirogreen LLC to do insulation work using a spray foam manufactured by Thermoseal. The plaintiffs claim they paid Envirogreen $8,338 for insulation work that was improperly done, resulting in wavy lines and bulges. Mayeaux claims it now has to hire a new subcontractor to gut and remove the improperly applied spray foam and re-install walls at a cost of $60,000.

The defendant is accused of breach of contract for its lack of workmanship and defect in applying the insulation spray foam. An unspecified amount in damages is sought to repair the defective work as well as cover the diminished value of the resident.

The plaintiff is represented by J. Douglas Sunseri of the Metairie-based Nacaud & Sunseri LLC.

The case has been assigned to Division N Judge Ethel S. Julien.

Case no. 2013-04981.

NEW ORLEANS – A Louisiana-based insurance agency is being sued by a man who claimed to have a policy for damage done during a 2012 hurricane.

Emmit Perry filed suit against Pappalardo Agency Inc. in the Orleans Parish Central District Court on June 26. Perry claims he hired Pappalardo in order to obtain property insurance for a house located on Baronne Street in New Orleans which included coverage for all wind and hail losses through a vacancy insurance policy for fire and extended coverage for the property.  On Aug. 28, 2012 the plaintiff alleges that Hurricane Isaac resulted in damage to his property. In September 2012 the plaintiff asserts he made a claim for payment under his policy and the insurance agency responded by telling him that he had no coverage.

The defendant is accused of breaching the contract originally agreed upon by failing to provide coverage.

An unspecified amount in damages is sought for all damages that occurred as a result of lack of coverage, penalties, interest and reasonable attorney and court costs.

Perry is represented by Reagan Toledano of New Orleans-based Willeford & Toledano.

The case has been assigned to Division N Judge Ethel S. Julien.

Case no 2013-6085.

NEW ORLEANS – A New Orleans woman is suing a local super market after she was allegedly injured in a slip and fall in a puddle of beer on the store’s floor.

Velbar Reimonenq filed suit against Winn-Dixie Montgomery LLC in the Orleans Parish Central District Court on July 10.

The suit claims that on Sept. 1, 2012, Reimonenq was shopping at the Winn-Dixie on Chef Menteur Highway. While walking down the beer aisle, the plaintiff allegedly slipped and fell on a puddle of beer that had leaked onto the floor. Reimonenq claims she suffered a contusion on her left knee, a back strain, nerve damage and inflammation.

The defendant is accused of negligence for failing to inspect floors and not instituting proper clean up procedures.

Damages in the amount of $75,000 are requested for medical expenses, lost wages, pain and suffering and legal interest.

The plaintiff is represented by Darleen M. Jacobs of the New Orlenas-based Law Offices of Darleen M. Jacobs.

The case has been assigned to Division N Judge Ethel S. Julien.

Case no. 2013-06353.

Ravi Sangisetty

NEW ORLEANS – A New Orleans couple is suing a fertility clinic after their embryos were allegedly mislabeled and lost.

Erika and Jude Olinger filed suit against the Ochsner Clinic Foundation, the embryologist Vincent Williams, Nebular Scientific LLC and certain underwriter’s at Lloyd’s London in the Orleans Parish Central District Court on July 9.

The plaintiffs claim that they completed two in vitro fertilization (IVF) cycles on different dates in 2006 because they were unable to conceive a child. Both IVF cycles were unsuccessful, allegedly causing the couple’s physicians to express puzzlement that Erika could did not achieve pregnancy, as the quality of her embryos was high. The couple assert they had their remaining embryos cryopreserved in November 2006 and the embryos have remained in the care of the clinic since that time.

Jude claims he contacted a doctor on Aug. 4, 2008 at Ochsner seeking information about future implantation of the couple’s cryopreserved embryos. Clishman allegedly notified Jude that the embryos had been mislabeled by an employee at Oschner such that they were now indistinguishable from the embryos of other patients.

Upon information and belief, Ochsner first became aware of its labeling problems in December 2007, and yet it was not until the Aug. 4, 2008 phone conversation that the plaintiffs were informed of the issue. The clinic allegedly insisted that the couple’s remaining human embryos could not be released without genetic testing and the Olingers claim their embryology records and medical chart are replete with documentation errors.

Ochsner is accused of negligent hire and supervision of Williams, who is accused of negligent conduct. Nebular Scientific is also thought to be vicariously liable for Williams’ conduct. The plaintiffs’ assert their claims are timely, as the instant case arises out of a proposed class action lawsuit.

An unspecified amount of damages is sought for severe and painful personal injuries, including the inability to indentify or implant the plaintiff’s embryos, keen mental anguish, humiliation, emotional distress and medical expenses.

Erika and Jude Olinger are represented by Ravi Sangisetty of New Orleans-based Sangisetty & Samuels LLC.

The case has been assigned to Division N Judge Ethel S. Julien.

Case no. 2013-6405.

John D. Sileo

NEW ORLEANS – A local construction company wants to solve the mystery of its missing anchor and recoup expenses for its loss.

River Construction Inc. filed suit against Rhodia Inc. in the Orleans Parish Civil District Court on July 10.

River Construction claims that Rhodia failed to return one of two rented anchors and their accompanying load blocks and failed to satisfy invoices for past due balances of $15,600.00 and $18,000.00 for the rental periods of 13 months and 15 months respectively.

River Construction alleges to have entered into a verbal agreement on or about May 13, 2011 with Rhodia. At that time, Rhodia was attempting to recover and salvage a walkway that had fallen into the Mississippi River and enlisted the help of River Construction. The plaintiff claims they were unsuccessful in removing the walkway from the river, and in the attempt, they lost control of their barge’s lift and load, which forced the operators to cut the load cable from the crane. The plaintiff then alleges they attached two anchors to stabilize the walkway, which were meant to stay in the water until such a time when the walkway could be removed. River Construction asserts they were not properly paid for the use of the anchors.

The defendant is accused of non-payment of invoiced charges for rental of two anchors and load blocks and failure to return one anchor.

An unspecified amount in damages, though not exceeding $75,000, is sought for the value of the missing anchor and load blocks, plus past due rent on those items, attorney fees, and other damages.

River Construction, Inc. is represented by attorney John D. Sileo of New Orleans.

The case has been assigned to Division N Judge Ethel S. Julien.

Case no. 2013-06396.

NEW ORLEANS – In a best-selling 2009 non-fiction book , Abdulrahman Zeitoun is portrayed as a hero for helping others in New Orleans following Hurricane Katrina. In the pages of a recent lawsuit, Zeitoun’s ex-wife accuses the man of acts that are anything but heroic.

Zeitoun is the protagonist of the best-selling 2009 book “Zeitoun” by Dave Eggers, which chronicles his experience during and after Hurricane Katrina.

Cover of “Zeitoun”

He is being sued by his ex-wife, Kathy Zeitoun, in civil court. Mrs. Zeiton alleges he assaulted her and ruined her financially.

She also claims that while he was behind bars, Mr. Zeitoun tried to hire a hit man to kill her, one of her daughters and another man.

On July 31, 2013, Mr. Zeitoun was found not guilty of both criminal criminal charges – solicitation of first-degree murder and attempted first-degree murder – following a criminal trial.

During the trial Judge Frank Marullo of the Orleans Parish Criminal District Court discredited the testimony of one of the prosecution’s key witnesses, a former inmate who claimed Mr. Zeitoun tried to hire him to kill Mrs. Zeitoun and two others.

Mrs. Zeitoun said in a Times-Picayune interview despite her ex-husband’s acquittal, she still fears for her life. She filed a civil suit against her ex-husband in the Orleans Parish Central District Court on July 24.

Her suit claims that on July 25, 2012, Mr. Zeitoun attacked her with a tire iron near the corner of Pyrtania Street and Jackson Avenue. He allegedly lay in wait for her outside the office of an attorney, where a closing sale on one of the parties’ properties had just taken place. The suit claims that he blocked her in with his vehicle, tried to pry her car door open with a tire iron and then began to smash her windshield.

Mrs. Zeitoun alleges that she then frantically climbed out of the passenger side of her vehicle and began to run down Prytania Street. She claims that Mr. Zeitoun chased her, knocked her over and began beating her with the tire iron and his fists around her head, neck and back, as well as gouged out the skin at her hip, partially tore her ear and attempted to strangle her and break her neck. According to the suit, these heinous acts of violence were allegedly committed in broad daylight in plain view of numerous witnesses.

As a result of these incidents, Kathy Zeitoun and her minor children have suffered physical injuries, mental anguish, emotional distress and post-traumatic stress disorder, according to the lawsuit. The plaintiff’s vehicle has also sustained significant damage after allegedly being struck repeatedly with the tire iron, the suit states.

In addition, a lucrative film contract for film based upon the book “Zeitoun” was cancelled. The book details Abdulraham’s experience canoeing the flooded city after Hurricane Katrina trying to help people, when he was wrongfully imprisoned on chargers of looting. The chronicle paints the then-couple’s relationship as a loving and equal partnership, and until recently was slated to be adapted into an animated film directed by Jonathan Demme.

She claims the cancellation of the film contract cost her at least $150,000 that she would have received under the production contract, as well as untold additional profits the Zeitouns would have received related to the film and additional royalties from the book that would have resulted from the increased attention brought about by the movie.

The plaintiff seeks an unspecified amount in damages for these losses individually, as well as on behalf of her minor children.

The plaintiff is represented Neil D.W. Montgomery of The Montgomery Firm LLC of Destrehan.

The case has been assigned to Division N Judge Ethel S. Julien.

Case no. 2013-6944.

NEW ORLEANS – One of the partners behind the now-defunct restaurant Meson 923 has filed suit against her former business partner.

Astrid LaVenia and South Peters LLC filed suit against Jerome S. Fertel in the Orleans Parish Civil District Court on July 29.

LaVenia states that she and the defendant began their business relationship in 2008 when they formed a joint limited liability company, Arthur and Johnson LLC. Renovation was promptly begun on the property at 923 South Peters Street with the intention that it would become a restaurant.

In April 2010, Meson 923 opened its doors. The suit states that it was owned by South Peters LLC, a limited liability company that the plaintiff and the defendant each had a 50 percent membership in. Plaintiff LaVenia was the manager of the restaurant, and ran its day-to-day operations—ranging from purchasing, staffing, and finances to waiting tables and washing dishes. She states that her work-week often exceeded 90 hours.

Meson 923 received widespread recognition for the quality of both its cuisine and atmosphere, according to the suit.

Brett Anderson of the Times-Picayune named Meson 923 one of the Best New Restaurants of the year, and New Orleans food critic Tom Fitzmorris pronounced the restaurant’s opening as “one of the most auspicious in recent years” and noted that it was “a serious, stylish gourmet house,” the suit claims.

It goes on to state that Ian McNulty of Gambit wrote that Meson 923 was a “very impressive new restaurant” and the food was “dazzling good.” The international travel guide Hg2 declared that “Meson 923 has the looks of a supermodel…The kitchen, however, proves that this place is more than a pretty face.” New Orleans Magazine lauded that at Meson 923, “contemporary cool and ambitious cuisine converge in a singular, aesthetically striking package.”

The plaintiff claims that in July 2011, New Orleans Magazine named her as one of its “Top Female Achievers,” and declared that she was the “brains, beauty and heart of Meson 923.”

The plaintiff alleges that initially she drew a salary from the business, but that beginning in April 2011, because of cash flow difficulties, she voluntarily deferred collection of her own salary so as to ensure there were sufficient funds to pay her employees. She alleges that she deferred salary payments in excess of $34,000. She claims that due to the defendant’s failure to honor his commitment to finance the business, she advanced more than $70,000 of her own money to maintain business operations.

In November of 2011, Chef Baruch Rabasa left the restaurant, the suit claims. The plaintiff arranged for Bob Iacovone, a highly decorated chef, to replace Chef Rabasa. The plaintiff alleges that the defendant refused to honor the replacement Chef Rabasa, and in retaliation withheld his consent to necessary services such as phone service and insurance.

The plaintiff alleges that as a result of the defendant’s failure and refusal to fulfill his commitments to the business, she closed the restaurant in December 2011.

She alleges that counsel for the defendant confronted her and made numerous baseless allegations that she had engaged in improprieties, and that the plaintiff demanded that she turn over her keys. She states that the defendant then attempted to run the restaurant himself with his friends as a “hobby,” but continued to operate the business through South Peters LLC, including the use of its liquor license.

The plaintiff alleges that the defendant mismanaged the restaurant, and after a short time gave up, and brought in a third party who ran operations for a short time, before closing the restaurant in August 2012.

When LaVenia returned to the property in September 2012, she discovered the bar had been destroyed and holes had been smashed in the walls. Many of the restaurant’s assets were gone, allegedly given away or sold by the defendant.

LaVenia alleges that the defendant caused her losr business opportunities, and accuses the defendant of breaching his duties by wrongfully removing her as a member-manager, causing the restaurant’s eviction, and deceptively concealing his actions from the plaintiff.

The defendant is accused of breach of fiduciary duty, violation of the Louisiana Unfair Trade Practices Act, and conversion.

The plaintiff seeks and unspecified amount in damages for loss of past, present and future income.

The plaintiff is represented by Kirk Reasonover of Reasonolver & Olinde LLC of New Orleans.

The case has been assigned to Division N Judge Ethel S. Julien.

Case no. 2013-07093.

NEW ORLEANS—A customer of a New Orleans Wendy’s restaurant alleges she was served a moldy egg sandwich.

Jamyra Brown and her two minor children filed suit against Wendy’s Old Fashioned Hamburgers Store #8274 on Chef Menteur Highway, Tammy Johnson, the manager, as well as Wendy’s Old Fashioned Hamburger Company, The Wendy’s Company and Wendy’s International Inc. in the Orleans Parish Civil District Court on July 17.

The plaintiffs claim that they were sold an Artisan Egg Sandwich on July 18, 2012. The ingestion of the sandwich, which was allegedly contaminated with mold and/or fungus and/or mycotoxins, led the plaintiffs to become violently and severely ill.

Wendy’s is accused of failing to discover or remove the contamination, failing to warn the customers or exercise reasonable care in the creation and maintenance of a safe environment, and thereby causing or allowing the existence of a dangerous hazard.  The defendants are also accused of knowing about the contamination and causing an unreasonable risk of harm by serving it to their customers, who then required extensive medical treatment for related illness.

The plaintiffs are seeking an undisclosed amount in damages for psychological and physical pain, loss of consortium and special damages, with legal interest, and including all costs of these proceedings.

The plaintiff is represented by Douglas D. McGinty of McGinty Law Firm LLC.

The case has been assigned to Division N Judge Ethel S. Julien.

Case no. 13-6698.