SIU / Insurance Fraud Litigation - Case Results

Alfred Kelly/Kenneth Prejean/Cypress Bellard v. U-Haul Company of Louisiana
(June 2007)

Devin Fadaol won a victory for U-Haul in this special investigations unit/fraud case. Devin Fadaol successfully argued in summary judgment that the accident was staged based on the testimony of the U-Haul vehicle driver and another witness. Judge Rubin in Lafayette granted the summary judgment dismissing U-Haul and its driver from the lawsuit, and granted a $7,500.00 bond for costs against the plaintiffs.

Caprice Bivens v U-Haul Company of Louisiana

(March 2007)

Devin Fadaol won a victory for U-Haul in this special investigations unit/fraud case. Devin Fadaol was able to obtain a voluntary dismissal from the plaintiffs following the deposition of an eyewitness that raised issues of possible perjury in the plaintiff’s prior testimony.

Plaintiff (omitted) v. U-Haul Company of Louisiana and Republic Western Insurance Company

(March 2007)

Michael Sistrunk and C. Devin Fadaol won a victory for U-Haul in this bench trial before Judge Madeleine Landrieu in Civil District Court for the Parish of Orleans. Plaintiff claimed that U-Haul employees cut the lock on his self-storage unit and stole or discarded over $100,000.00 worth of personal property. Plaintiff also alleged that U-Haul allowed rodents to destroy his personal property two years earlier in another self-storage unit.

After a two day trial, Judge Landrieu rendered a defense judgment in favor of U-Haul, finding that plaintiff failed to meet his burden of proof. Judge Landrieu also ruled that plaintiff submitted a fraudulent claim, awarded all court costs to be paid by plaintiff, and awarded attorney’s fees in favor of U-Haul.

Debra Brown v. State Farm Insurance Company
(January 2006)

Mark E. Hanna won an appeal in favor of State Farm Insurance Company in the case entitled Debra Brown v. State Farm Insurance Company in the 4th Circuit Court of Appeals. The Court of Appeals reversed the trial court completely and entered judgement in favor of the defendants.

Calvin Johnson v. U-Haul and Republic Western - Ascension Parish Court
(November 2005)

Calvin Johnson claimed that he was inside his vehicle during a parking lot accident involving a U-Haul vehicle. Devin Fadaol defended the case at trial arguing that Calvin Johnson was actually inside the store paying for gas when the impact occurred in the parking lot. After a bench trial before Judge Marilyn Lambert, the judge found that Calvin Johnson was not in the vehicle and awarded zero dollars for personal injury and alleged lost wages. Calvin Johnson was awarded $500.00 for his property damage.

Meyers, et al.. v. U-Haul Company of Louisiana, et al.
(May 2004)

Michael R. Sistrunk and Kyle P. Kirsch obtained dismissal of the plaintiffs claims in favor of U-Haul and Republic Western Insurance Company in a case entitled Yolanda Meyers, et al. v. Christina Pepp Seals et al., 02-54938 First City Court for the City of New Orleans before the Honorable Charles Imbornone. The dismissal was obtained after evidence of collusion was adduced between the driver of U-Haul vehicle and the plaintiffs. This information led to the withdrawal of the attorney on behalf of the plaintiffs, plaintiffs refusing to attend their noticed depositions and eventually a dismissal of their claims with prejudice.

Jiles v. U-Haul
(April 2004)

Michael Sistrunk and Donald Palmisano won a victory in favor of U-Haul in the case entitled Jiles v. U-Haul in the 21st Judicial District Court for the Parish of Tangipahoa. One plaintiff claimed two years of treatment as a result of this accident and the other plaintiff claimed 6 months of treatment as a result of the same accident. U-Haul maintained both claims were fraudulent. After a trial on the merits, the judge awarded the plaintiffs $500 and the cost of their ambulance ride.

White v. Armitage
(November 2003)

In November 2003, Mark Hanna won a victory in favor of State Farm in the case entitled White v. Armitage in the 4th Circuit Court of Appeal. The Court of Appeal found plaintiffs had no right of action against a liability insurer alone after dismissal of named insured, reversing the trial court judgment.

Johnson v. Nguyen
(July 2001)

Thomas P. Anzelmo, Mark E. Hanna and Kyle P. Kirsch obtained a contempt of court award in favor of State Farm Mutual Automobile Insurance Company against a notorious plaintiff’s doctor for evading depositions. On appeal the Fourth Circuit Court of Appeal affirmed the contempt of court award and determined that the doctor’s appeal was frivolous. See Johnson v. Nguyen, 00-1148 (La. App. 4 Cir. 07/11/01), 793 So.2d 370.