19th JUDICIAL DISTRICT COURT FOR THE PARISH OF EAST BATON ROUGE

STATE OF LOUISIANA

NO.: DIVISION: " "

JOHN BROOKS, FATHER OF MADISON BROOKS

VERSUS

C.B., LLC, D/B/A REGGIE’S BAR, DARIN P. ADAMS, ABC INSURANCE

COMPANY, JOHN LANDRY, DEF INSURANCE COMPANY, BARTENDER NO. 1,
BARTENDER NO. 2, BARTENDER NO. 3, BARTENDER NO. 4, ANDY GLENECK,
ALEX SCHEXNAYDER, LANDON REES, JACKSON ROBICHAUX, XYZ
INSURANCE COMPANY, XXX INSURANCE COMPANY, KAIVON
WASHINGTON, DESMOND CARTER, CASEN CARVER, EVERETT LEE, JAMES
HAYWARD, JR., SAFECO INSURANCE COMPANY, LYFT, INC., AND STATE
FARM FIRE AND CASUALTY COMPANY

FILED:____________________________
DEPUTY CLERK

PETITION FOR DAMAGES

NOW INTO COURT, through undersigned counsel, comes plaintiff, John

Brooks, father of Madison Brooks, who files his Petition for Damages, with respect, as

follows:

PARTIES

I.

Plaintiff, John Brooks (“Mr. Brooks”), an individual of the full age of majority

and domiciled in the State of Florida, brings this action as a member of the class of

persons authorized to bring a wrongful death action pursuant to Louisiana Civil Code

Article 2315.2 and a survival action pursuant to Louisiana Civil Code Article 2315.1, as a

result of the death of his daughter, Madison Brooks (“Madison”), which occurred on or

about January 15, 2023, and any other actions pursuant to Louisiana law, including but

not limited to, Louisiana Civil Code Article 2315, Louisiana Civil Code Article 2316,

Louisiana Civil Code Article 2320, Intentional Torts and Louisiana Revised Statute

Section 26:90, for any and all injuries and damages, and the ultimate death, sustained by

Madison, and the injuries and damages sustained by Mr. Brooks, under Louisiana law.

II.

Made defendants herein are:

1) C.B., LLC, d/b/a Reggie’s Bar (“Reggie’s Bar”), an entity authorized to do

and doing business in the Parish of East Baton Rouge, State of Louisiana, and

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 at all times material herein, the entity liable as a result of its actions and/or

inactions for the non-exclusive reasons more particularly set forth herein, for

the injuries, damages and ultimate death sustained by Madison, and the

injuries and damages sustained by plaintiff, and at all times material herein,

vicariously liable to plaintiff for the acts of its employees and the resulting

injuries and damages to plaintiff;

2) Darin P. Adams, an individual of the full age of majority and domiciled in the

Parish of East Baton Rouge, State of Louisiana, and the owner of C.B., LLC,

d/b/a Reggie’s Bar, who is liable as a result of his actions and/or inactions for

the non-exclusive reasons more particularly set forth herein, for the injuries,

damages and ultimate death sustained by Madison, and the injuries and

damages sustained by plaintiff, and at all times material herein, vicariously

liable to plaintiff for the acts of his employees and the resulting injuries and

damages to plaintiff;

3) ABC Insurance Company, an insurance company authorized to do and doing

business in the Parish of East Baton Rouge, State of Louisiana, and at all

times material herein, the liability insurer for Darin P. Adams;

4) John Landry, an individual of the full age of majority and domiciled in the

Parish of East Baton Rouge, State of Louisiana, and the owner of C.B., LLC,

d/b/a Reggie’s Bar, who is liable as a result of his actions and/or inactions for

the non-exclusive reasons more particularly set forth herein, for the injuries,

damages and ultimate death sustained by Madison, and the injuries and

damages sustained by plaintiff, and at all times material herein, vicariously

liable to plaintiff for the acts of his employees and the resulting injuries and

damages to plaintiff;

5) DEF Insurance Company, an insurance company authorized to do and doing

business in the Parish of East Baton Rouge, State of Louisiana, and at all

times material herein, the liability insurer for John Landry;

6) Bartender No.1, an individual, who will soon be named, of the full age of

majority and domiciled in the Parish of East Baton Rouge, State of Louisiana,

and a bartender at Reggie’s Bar, who is liable as a result of his actions and/or

inactions for the non-exclusive reasons more particularly set forth herein, for

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 the injuries, damages and ultimate death sustained by Madison, and the

injuries and damages sustained by plaintiff;

7) Bartender No. 2, an individual, who will soon be named, of the full age of

majority and domiciled in the Parish of East Baton Rouge, State of Louisiana,

and a bartender at Reggie’s Bar, who is liable as a result of his actions and/or

inactions for the non-exclusive reasons more particularly set forth herein, for

the injuries, damages and ultimate death sustained by Madison, and the

injuries and damages sustained by plaintiff;

8) Bartender No. 3, an individual, who will soon be named, of the full age of

majority and domiciled in the Parish of East Baton Rouge, State of Louisiana,

and a bartender at Reggie’s Bar, who is liable as a result of his actions and/or

inactions for the non-exclusive reasons more particularly set forth herein, for

the injuries, damages and ultimate death sustained by Madison, and the

injuries and damages sustained by plaintiff;

9) Bartender No. 4, an individual, who will soon be named, of the full age of

majority and domiciled in the Parish of East Baton Rouge, State of Louisiana,

and a bartender at Reggie’s Bar, who is liable as a result of his actions and/or

inactions for the non-exclusive reasons more particularly set forth herein, for

the injuries, damages and ultimate death sustained by Madison, and the

injuries and damages sustained by plaintiff;

10) Andy Gleneck, an individual of the full age of majority and domiciled in the

Parish of East Baton Rouge, State of Louisiana, and a manager/bartender at

Reggie’s Bar, who is liable as a result of his actions and/or inactions for the

non-exclusive reasons more particularly set forth herein, for the injuries,

damages and ultimate death sustained by Madison, and the injuries and

damages sustained by plaintiff;

11) Alex Schexnayder, an individual of the full age of majority and domiciled in

the Parish of East Baton Rouge, State of Louisiana, and a manager/bartender

at Reggie’s Bar, who is liable as a result of his actions and/or inactions for the

non-exclusive reasons more particularly set forth herein, for the injuries,

damages and ultimate death sustained by Madison, and the injuries and

damages sustained by plaintiff;

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12) Landon Rees, an individual of the full age of majority and domiciled in the

Parish of East Baton Rouge, State of Louisiana, and a manager/bartender at

Reggie’s Bar, who is liable as a result of his actions and/or inactions for the

non-exclusive reasons more particularly set forth herein, for the injuries,

damages and ultimate death sustained by Madison, and the injuries and

damages sustained by plaintiff;

13) Jackson Robichaux, an individual of the full age of majority and domiciled in

the Parish of East Baton Rouge, State of Louisiana, and a manager/bartender

at Reggie’s Bar, who is liable as a result of his actions and/or inactions for the

non-exclusive reasons more particularly set forth herein, for the injuries,

damages and ultimate death sustained by Madison, and the injuries and

damages sustained by plaintiff;

14) XYZ Insurance Company, an insurance company authorized to do and doing

business in the Parish of East Baton Rouge, State of Louisiana, and at all

times material herein, the liability insurer for C.B., LLC, d/b/a Reggie’s Bar,

Darin P. Adams, John Landry, Bartenders Nos. 1-4, Andy Gleneck, Alex

Schexnayder, Landon Rees, Jackson Robichaux and any and all other

employees that may be named in the future as defendants;

15) XXX Insurance Company, an insurance company authorized to do and doing

business in the Parish of East Baton Rouge, State of Louisiana, and at all

times material herein, the excess liability insurer for C.B., LLC, d/b/a

Reggie’s Bar, Darin P. Adams, John Landry, Bartenders Nos. 1-4, Andy

Gleneck, Alex Schexnayder, Landon Rees, Jackson Robichaux and any and

all other employees that may be named in the future as defendants;

16) Kaivon Washington, an individual of the full age of majority and domiciled in

the Parish of Livingston, State of Louisiana, who is liable as a result of his

actions and/or inactions for the non-exclusive reasons more particularly set

forth herein, for the injuries, damages and ultimate death sustained by

Madison, and the injuries and damages sustained by plaintiff;

17) Desmond Carter, an individual of the full age of majority and domiciled in the

Parish of Livingston, State of Louisiana, who is liable as a result of his actions

and/or inactions for the non-exclusive reasons more particularly set forth

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 herein, for the injuries, damages and ultimate death sustained by Madison, and

the injuries and damages sustained by plaintiff;

18) Casen Carver, an individual of the full age of majority and domiciled in the

Parish of Livingston, State of Louisiana, who is liable as a result of his actions

and/or inactions for the non-exclusive reasons more particularly set forth

herein, for the injuries, damages and ultimate death sustained by Madison, and

the injuries and damages sustained by plaintiff;

19) Everett Lee, an individual of the full age of majority and domiciled in the

Parish of St. Helena, State of Louisiana, who is liable as a result of his actions

and/or inactions for the non-exclusive reasons more particularly set forth

herein, for the injuries, damages and ultimate death sustained by Madison, and

the injuries and damages sustained by plaintiff;

20) James Hayward, Jr. (“James Hayward”), an individual of the full age of

majority and domiciled in the Parish of East Baton Rouge, State of Louisiana,

who is liable as a result of his actions and/or inactions for the non-exclusive

reasons more particularly set forth herein, for the injuries, damages and

ultimate death sustained by Madison, and the injuries and damages sustained

by plaintiff;

21) SAFECO Insurance Company, subsidiary to/and Liberty Mutual Insurance

Company (“SAFECO”), an insurance company authorized to do and doing

business in the Parish of East Baton Rouge, State of Louisiana, and at all

times material herein, the liability insurer for James Hayward;

22) Lyft, Inc. (“Lyft”), an entity authorized to do and doing business in the Parish

of East Baton Rouge, State of Louisiana, and at all times material herein, the

entity liable as a result of its actions and/or inactions for the non-exclusive

reasons more particularly set forth herein, for the injuries, damages and

ultimate death sustained by Madison, and the injuries and damages sustained

by plaintiff, and at all times material herein, vicariously liable to plaintiff for

the acts of its employee/driver and the resulting injuries and damages to

plaintiff;

23) State Farm Fire and Casualty Company (“State Farm”), an insurance company

authorized to do and doing business in the Parish of East Baton Rouge, State

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 of Louisiana, and at all times material herein, the liability insurer for Lyft and

its driver, James Hayward; and

24) Plaintiff may add any additional defendants, including but not limited to, the

individuals working the door on the date of the subject incident, as potential

defendants are discovered through the course of this litigation.

III.

Said defendants are justly and truly indebted, jointly, severally, and in solido unto

plaintiff for the injuries, damages and ultimate death sustained by Madison, and the

injuries and damages sustained by plaintiff, as are reasonable in the premises, together

with legal interest thereon from the date of judicial demand until paid, and for all costs of

these proceedings.

JURISDICTION AND VENUE

IV.

Jurisdiction and venue are proper in this Honorable Court as the incidents

described herein occurred in the Parish of East Baton Rouge and at least one of the

defendants is domiciled in the Parish of East Baton Rouge, State of Louisiana.

FACTS

V.

On or about January 14, 2023, the decedent, Madison Brooks, who was 19 years

old, was a patron at Reggie’s Bar located at 1176 Bob Pettit Blvd. in the Parish of East

Baton Rouge, State of Louisiana. Upon information and belief, Madison was issued an

“over-21” wristband and was served her first drink at approximately 10:12 p.m. Madison

remained at Reggie’s Bar for a little more than three hours. During that period of time,

Madison was sold 20 alcoholic beverages and given an additional four alcoholic

beverages, without charge, for a total of 24 alcoholic beverages, despite being visibly

highly intoxicated.

VI.

Reggie’s Bar, for many years, has been well known and notorious for serving

alcohol to underage persons. This culture of allowing underage drinking in Reggie’s Bar

was well known and has been inexistence since 2004. This culture continued and was

present in January 2023, when Madison was served 24 alcoholic drinks. The owners,

Darin P. Adams and John Landry, its bartenders and managers, were all individuals in

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decision making positions to prevent the injuries and death of Madison. All were derelict

in their obligations under Louisiana Law. Louisiana Revised Statute 26:90 provides in

pertinent part:

§90. Acts prohibited on licensed premises; suspension or revocation of permits

A. No person holding a retail dealer's permit, and no person permitted to

sell alcoholic beverages at retail to consumers, and no agent, associate,
employee, representative, or servant of any such person shall do or permit any of
the following acts to be done on or about the licensed premises:
(1)(a) Sell or serve alcoholic beverages to any person under the age of
twenty-one years…:
(2) Sell or serve alcoholic beverages to any intoxicated person.

Despite the clear mandate contained in Louisiana Law to not sell or serve

alcoholic beverages to any person under the age of twenty-one years, or to any

intoxicated person, Madison was served alcohol beginning at approximately 10:12 p.m.

on January 14, 2023, and continuing until the following morning at approximately 1:21

a.m.:

Order No. 1-Madison orders, pays for, and is served two blue alcoholic

beverages by Bartender No. 1.

Served No. 1- Madison is served a red alcoholic shot by Bartender No. 2.

Order No. 2 – Madison orders, pays for, and is served two red alcoholic shots by

Bartender No. 2.

Served No. 2- Madison is served a blue alcoholic beverage by Bartender No. 1.

Fall No. 1- Madison attempts to dance on a table and falls.

Served No. 3 and No. 4- Madison is first served a red shot and then served a red

alcoholic beverage by Bartender No. 1.

Order No. 3 – Madison orders, pays for, and is served three red alcoholic shots

by Bartender No. 3.

Order No. 4 – Madison orders, pays for, and is served two beers and three red

alcoholic shots by Bartender No. 3.

Order No. 5- Madison orders, pays for, and is served one alcoholic beverage by

Bartender No. 4.

Fall No. 2- Madison attempts to get on a table and falls. She then gets up and

dances on the table.

Order No. 6- Madison orders, pays for, and is served two red alcoholic shots by

Bartender No. 3.

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 Fall No. 3- Madison falls away from the bar in front of Bartender No. 3.

Order No. 7- Madison orders, pays for, and is served two blue alcoholic

beverages by Bartender No. 3.

Order No. 8 – Madison orders and is served two red alcoholic shots by Bartender

No. 3. An unknown male paid for the order.

Order No. 9 – Madison orders, pays for, and is served one clear alcoholic

beverage by Bartender No. 3.

Fall No. 4 – Madison is sitting near/at the front doors when she falls off a stool.

She remained on the ground for approximately 30 seconds while employees moved past

her.

In sum, again, from the first alcoholic beverage served to Madison at

approximately 10:12 p.m. on January 14, 2023, to the last drink at 1:21 a.m. on January

15, 2023, Madison was served 24 alcoholic beverages, despite being highly and visibly

intoxicated, and which caused Madison to have a BAC level of at least .282 indicating

severe impairment.

VII.

The above irresponsible and negligent actions by defendants, Reggie’s Bar and its

employees, demonstrated a clear disregard for the safety of Madison and a clear disregard

of Louisiana Law causing Madison to become extremely intoxicated and sustain

foreseeable injuries and damages, and ultimately death, after leaving Reggie’s Bar. As a

result, Reggie’s Bar was charged with 28 violations of Louisiana’s liquor laws, which

included 24 counts of selling alcoholic beverages to a person under the age of 21.

Reggie’s Bar was also charged with permitting a 17-year-old into Reggie’s Bar that same

night. This was the final straw, and the last of a long list of violations of law committed

by Reggie’s Bar over the years, as Reggie’s Bar was finally shut down and closed in

2023, as a result of the reckless behavior of Reggie’s Bar and its’ employees during the

evening of January 14, 2023, and early morning hours of January 15, 2023, in serving 19-

year-old Madison, and others, numerous alcoholic beverages when Madison was clearly

and visibly highly intoxicated. Again, Reggie’s Bar has been well-known and infamous

for the culture of allowing underage persons to enter the bar and be served alcohol. As

shown below, Reggie’s Bar has had numerous infractions of State law resulting in prior

suspensions of their liquor license, and resulting in numerous arrests at their location.

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Reggie’s Bar was also notorious for many violent acts occurring in and around its

premises.

VIII.

As stated above, Reggie’s Bar has had numerous prior violations before the

subject incident dating as far back to 2004 and despite same, Reggie’s bar again allowed

underage persons to be sold and served alcoholic beverages during the evening of

January 14, 2023, and the early morning hours of January 15, 2023, resulting in the tragic

injuries and death of Madison. The following is just a sample of Reggie’s Bar’s prior

case numbers and violations of the State liquor laws in Louisiana since 2014:

2019-1942 (2nd Offense) – La. R.S. 26:90A(13) & 26.286A(13) – Improper Conduct
Under 21 in Possession

2018-979 (1st Offense) – La. R.S. 26:90A(13) & 26:286A(13) - Improper Conduct –
Under 21 in Possession

2017-1528 (1st Offense) – La. R.S. 26:90A(1)(a) & 26:286A(1)(a) – Vendor: Alcohol
to Person Under 21
(1st Offense) – La. R.S. 26:90A(3)(a) & 26:286A(3)(a) – Persons Under 18
on Premises

2017-1525 (1st Offense) – La. R.S. 26:90A(13) & 26:286A(13) – Disturbing the
Peace/Lewd; Improper Conduct
(1st Offense) – La. R.S. 26:90A(3)(a) & 26:286A(3)(a) – Persons under 18
on Premises
(1st Offense) – La. R.S. 26:90A(9) – Unclean/Unsanitary Conditions
(1st Offense) – LAC 55:303.ll.C(1)a – Truth in Labeling
(1st Offense) – LAC 55:505A(3) – Employee not RV Certified
(1st Offense) – LAC 55:505B(3) – No Training Records

2017-468 (1st Offense) – La. R.S. 26:90A(1)(a) & 26:286A(1)(a) – Vendor: Alcohol
to Persons Under 21

2016-2558 (1st Offense) – La. R.S. 26:90A(2) & 26:286A(2) – Vendor: Sell/Serve
Alcohol to an Intoxicated Person
La. R.S. 26:286A(13) – Improper Conduct

2016-961 La. R.S. 26:286A(1) – Vendor: Sell/Serve Alcohol to Person Under 21

(1st Offense)
La. R.S. 26:286A(3) – Minor on Premises

2016-2 La. R.S. 26:286A(13) – Improper Conduct

2015-2717 (1st Offense) – C14:93.11A – Sale of Alcohol to Person Under 21

2015-1000 (1st Offense) – C14:93.11A – Sale of Alcohol to Person Under 21

2014-4156 La. R.S. 26:286A(1) – Server: Sell/Serve Alcohol to Person Under 21 (1st
Offense)

2014-1920 La. R.S. 26:286A(1) – Server: Sell/Serve Alcohol to Person Under 21 (1st
Offense)

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 IX.

Madison was visibly highly intoxicated when she left Reggie’s Bar in a car with

the defendants, Kaivon Washington, Desmond Carter, Casen Carver and Everett Lee,

who had also been in Reggie’s Bar. Kaivon Washington and Casen Carver were under

the age of 21, and Desmond Carter was 17 years old. Only Everett Lee was over the age

of 21. Upon information and belief, all of the aforementioned defendants consumed

alcohol inside of Reggie’s Bar. Casen Carver was the driver of the vehicle and Everett

Lee was the front seat passenger. Kaivon Washington and Desmond Carter were in the

backseat with Madison. The defendants pulled the vehicle over and Kaivon Washington

and Desmond Carter sexually assaulted Madison in the back seat of the car. Casen Carver

callously and maliciously video recorded the sexual assault on his cell phone. In the

recording, Cason Carver arrogantly and boldly predicted and narrated the sexual assault.

In the same recording, Madison can be heard screaming “GET OFF!” Following the

sexual assault, the defendants let Madison out of the vehicle, and she was then fatally

struck by a vehicle, operated by James Hayward, on Burbank Drive in Baton Rouge,

Louisiana. The four defendants were arrested on sexual assault charges. Kaivon

Washington, Desmond Carter and Casen Carver have been indicted on First-Degree Rape

and Third-Degree Rape charges by the Grand Jury in East Baton Rouge.

James Hayward, upon information and belief, was operating a vehicle on behalf

of Lyft at the time of the subject accident.

FAULT OF REGGIE’S BAR, ITS OWNERS AND EMPLOYEES

X.

Plaintiff reasserts, realleges and incorporates the foregoing paragraphs, facts and

allegations, as if as if copied at this point in extenso.

XI.

The aforesaid incidents and the foreseeable injuries and damages, and ultimate

death, resulting therefrom to Madison and her father, Mr. Brooks, which will be specified

hereinafter, were proximately and legally caused by the fault, negligence, and want of

due care of defendants, Reggie’s Bar, Darin P. Adams, John Landry, Bartenders No. 1-4,

Andy Gleneck, Alex Schexnayder, Landon Reese and Jackson Robichaux, their officers,

agents, employees, and those for whom defendants are legally responsible, including but

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not limited to, the following acts of omission and commission, among others, which may

be shown during the trial hereof:

1) Serving underage persons alcoholic beverages;

2) Serving intoxicated persons alcoholic beverages;

3) Allowing underage persons in Reggie’s Bar;

4) Failure to properly supervise;

5) Failure to properly train;

6) Failure to warn;

7) Negligent entrustment;

8) Negligent hiring;

9) Negligent training;

10) Failure to provide adequate security;

11) Failure to take adequate care of Madison after intoxication;

12) Failure to take all means and precautions necessary to prevent and avoid the

injuries and ultimate death of Madison;

13) Vicarious liability;

14) Respondeat superior; and

15) Any and all other acts that shall be proven at the trial of this matter.

All of the above in violation of the laws of the State of Louisiana, Parish of East

Baton Rouge, as amended, as if copied at this point in extenso.

XII.

At all times material herein, defendants, C.B., LLC, Darin P. Adams and John

Landry, were the owners of Reggie’s Bar and as such, are liable to plaintiff for the

injuries and damages, and ultimate death, sustained by Madison and to plaintiff.

Additionally, Bartenders No. 1-4, Andy Gleneck, Alex Schexnayder, Landon Reese,

Jackson Robichaux, and other presently unnamed defendants, were in the course and

scope of their employment with Reggie’s Bar and/or Darin P. Adams and John Landry,

rendering defendants, Reggie’s Bar, Darin P. Adams and John Landry, vicariously liable

to plaintiff jointly, severally and in solido with defendants, Bartenders No. 1-4, Andy

Gleneck, Alex Schexnayder, Landon Reese and Jackson Robichaux, under the theory of

respondeat superior, for any and all injuries and damages, and the ultimate death,

sustained by Madison and plaintiff.

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 FAULT OF KAIVON WASHINGTON, DESMOND CARTER,
CASEN CARVER AND EVERETT LEE

XIII.

Plaintiff reasserts, realleges and incorporates the foregoing paragraphs, facts and

allegations, as if as if copied at this point in extenso.

XIV.

Defendants, Kaivon Washington, Desmond Carter, Casen Carver and Everett Lee

committed a battery and sexual assault upon a highly and visibly intoxicated Madison.

Accordingly, said defendants are liable to Madison and plaintiff for the injuries and

damages, and ultimate death, that they caused to Madison, and injuries and damages

caused to plaintiff, as a result of their intentional torts of battery, sexual battery and

sexual assault committed upon Madison.

FAULT OF HAYWARD AND LYFT

XV.

Plaintiff reasserts, realleges and incorporates the foregoing paragraphs, facts and

allegations, as if as if copied at this point in extenso.

XVI.

At all times material herein, upon information and belief, defendant, James

Hayward, was operating his motor vehicle on January 15, 2023, while on duty with Lyft,

when his vehicle struck and killed Madison, rendering Lyft vicariously liable to plaintiff

jointly, severally and in solido with defendant, James Hayward, under the theory of

respondeat superior, for any and all injuries and damages, and the ultimate death,

sustained by Madison and plaintiff.

XVII.

The aforesaid incident and the foreseeable injuries and damages, and ultimate

death, resulting therefrom to Madison and her father, Mr. Brooks, which will be specified

hereinafter, were proximately and legally caused by the fault, negligence, and want of

due care of defendants, James Hayward and Lyft, their officers, agents, employees, and

those for whom defendants are legally responsible, including but not limited to the

following acts of omission and commission, among others, which may be shown during

the trial hereof:

1) Failure to maintain proper control of his motor vehicle;

2) Recklessly and carelessly operating his motor vehicle;

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 3) Failure to see what he should have seen;

4) Failure to maintain a proper lookout;

5) Failure to be attentive;

6) Failure to exercise his last chance to avoid the accident;

7) Striking Madison with his vehicle;

8) Failure to maintain reasonable vigilance; and

9) Any and all other acts of negligence, which will be proven at the trial of this
matter.

All of the above in violation of the laws of the State of Louisiana, Parish of East

Baton Rouge, as amended, as if copied at this point in extenso.

DAMAGES

XVIII.

Plaintiff reasserts, realleges and incorporates the foregoing paragraphs, facts and

allegations, as if as if copied at this point in extenso.

XIX.

As a result of the above-described incidents and defendants’ acts/omissions,

negligence and/or vicarious liability, Madison and plaintiff, Mr. Brooks, sustained

personal injuries and damages in the form of past, present and future medical expenses,

past, present and future physical and mental pain and suffering, past, present and future

lost wages, loss of enjoyment of life, mental anguish and inconvenience, negligent

infliction of emotional distress, loss of love, society, affection, and consortium, wrongful

death damages, survival action damages, funeral expenses, burial expenses, battery,

sexual battery, sexual assault and any and all damages allowed pursuant to Louisiana

Law, Louisiana Civil Code Article 2315, Louisiana Civil Code Article 2315.1, Louisiana

Civil Code Article 2315.2, all of which entitle Mr. Brooks to recover from defendants,

jointly, severally, and in solido, an amount reasonable to compensate plaintiff for the

injuries and damages, and ultimate death, to Madison, and injuries and damages to Mr.

Brooks.

XX.

Plaintiff is also entitled to recover from defendants, damages for the wrongful

death of Madison, and damages for the injuries, and pain and suffering, Madison suffered

prior to her wrongful death. (Louisiana Civil Code Article 2315.1 and Louisiana Civil

Code Article 2315.2).

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 INSURANCE COVERAGE-DIRECT ACTION AGAINST INSURERS

XXI.

Plaintiff reasserts, realleges and incorporates the foregoing paragraphs, facts and

allegations, as if as if copied at this point in extenso.

XXII.

At all times material herein, defendant, ABC Insurance Company, had in full

force and effect a policy of liability insurance covering the defendant, Darin P. Adams,

rendering said insurer liable to plaintiff jointly, severally and in solido with the said

defendants for any and all injuries and damages, and ultimate death, sustained by

Madison, and for any and all injuries and damages sustained by plaintiff.

XXIII.

At all times material herein, defendant, DEF Insurance Company, had in full force

and effect a policy of liability insurance covering the defendant, John Landry, rendering

said insurer liable to plaintiff jointly, severally and in solido with the said defendants for

any and all injuries and damages, and ultimate death, sustained by Madison, and for any

and all injuries and damages sustained by plaintiff.

XXIV.

At all times material herein, defendant, XYZ Insurance Company, had in full

force and effect a policy of liability insurance covering the defendants, Reggie’s Bar,

Darin P. Adams, John Landry, Bartenders No. 1-4, Andy Gleneck, Alex Schexnayder,

Landon Reese and Jackson Robichaux, rendering said insurer liable to plaintiff jointly,

severally and in solido with the said defendants for any and all injuries and damages, and

ultimate death, sustained by Madison, and for any and all injuries and damages sustained

by plaintiff.

XXV.

At all times material herein, defendant, XXX Insurance Company, had in full

force and effect a policy of excess liability insurance covering the defendants, Reggie’s

Bar, Darin P. Adams, John Landry, Bartenders No. 1-4, Andy Gleneck, Alex

Schexnayder, Landon Reese and Jackson Robichaux, rendering said insurer liable to

plaintiff jointly, severally and in solido with the said defendants for any and all injuries

and damages, and ultimate death, sustained by Madison, and for any and all injuries and

damages sustained by plaintiff.

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 XXVI.

At all times material herein, defendant, SAFECO Insurance Company, had in full

force and effect a policy of liability insurance covering the vehicle operated by/and

defendant, James Hayward, rendering said insurer liable to plaintiff jointly, severally and

in solido with the said defendant for any and all injuries and damages, and ultimate death,

sustained by Madison, and for any and all injuries and damages sustained by plaintiff.

XXVII.

At all times material herein, defendant, State Farm, had in full force and effect a

policy of liability insurance covering the vehicle operated by defendant, James Hayward,

and covering defendant, Lyft, the entity for whom James Hayward was working,

rendering said insurer liable to plaintiff jointly, severally and in solido with the said

defendant for any and all injuries and damages, and ultimate death, sustained by

Madison, and for any and all injuries and damages sustained by plaintiff.

XXVIII.

Plaintiff hereby demands a trial by jury.

WHEREFORE, plaintiff, John Brooks, father of Madison Brooks, prays that the

defendants be served with a certified copy of this Petition for Damages and be duly cited

to appear and answer same, and that after due proceedings are had herein, that there be

judgment herein in favor of plaintiff, and against defendants, jointly, severally, and in

solido, for any and all injuries and damages, and ultimate death, sustained by Madison,

and for any and all injuries and damages sustained by plaintiff, as is reasonable in the

premises, together with legal interest from date of judicial demand until paid and for all

costs of these proceedings.

Plaintiff further prays for all general and equitable relief.

Respectfully submitted,

L AW O FFICE OF D AVID I. C OURCELLE , LLC

3500 N. Causeway Blvd., Suite 185
Metairie, Louisiana 70002
Telephone: (504) 828-1315
Telecopier: (504) 828-1379

By: ________________________________________
DAVID I. COURCELLE (La. Bar No. 23696)
SCOTT C. STANSBURY (La. Bar No. 34777)
BERNARD A. DUPUY (La. Bar No. 37667)
dcourcelle@courcellelaw.com
sstansbury@courcellelaw.com
bdupuy@courcellelaw.com
Attorneys for plaintiff, John Brooks
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PLEASE SERVE:

1) C.B., LLC
THROUGH ITS AGENT FOR SERVICE OF PROCESS:
KRIS A. PERRET
123 ST. FERDINAND STREET
BATON ROUGE, LOUISIANA 70802

2) DARIN P. ADAMS
THROUGH HIS AGENT FOR SERVICE OF PROCESS:
• KRIS A. PERRET
123 ST. FERDINAND STREET
BATON ROUGE, LOUISIANA 70802

3) JOHN LANDRY
THROUGH HIS AGENT FOR SERVICE OF PROCESS:
KRIS A. PERRET
123 ST. FERDINAND STREET
BATON ROUGE, LOUISIANA 70802

4) JAMES HAYWARD, JR.

5602 TARRYTOWN AVE.
BATON ROUGE, LOUISIANA 70808

5) LYFT, INC.
THROUGH ITS AGENT FOR SERVICE OF PROCESS:
CT CORPORATION SYSTEM
BATON ROUGE, LOUISIANA 70816

6) SAFECO INSURANCE COMPANY

THROUGH THE HONORABLE SECRETARY OF STATE
EAST BATON ROUGE PARISH
BATON ROUGE, LOUISIANA

7) STATE FARM FIRE AND CASUALTY COMPANY

THROUGH THE HONORABLE SECRETARY OF STATE
EAST BATON ROUGE PARISH
BATON ROUGE, LOUISIANA

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