A federal appeals court upheld a judge’s ruling that dismissed an engineering firm from a lawsuit involving a Hurricane Katrina damage case.
David and Marilyn Aikens, of Pass Christian, Miss., appealed U.S. District Judge L.T. Senter Jr.’s ruling to dismiss Rimkus Consulting Group Inc. as a defendant in the Aikens’ lawsuit over their damage claim filed following the 2005 storm.
Senter ruled the Aikens failed to show that Houston, Texas-based Rimkus acted with gross negligence or malice.
In the ruling, the 5th U.S. Circuit Court of Appeals affirmed Senter’s decision.
In their lawsuit, the Aikens said a Rimkus engineer initially concluded Katrina’s winds were strong enough to destroy their home — a “very favorable” finding for the homeowners. But the couple claims a Rimkus team leader later revised the engineer’s report to “mollify the language,” so their claim could be denied by USAA Casualty Insurance Co.
A federal jury in Gulfport in January 2008 ordered USAA to pay an additional $64,000 to the Aikens for wind damage to their home and its contents during the Aug. 29, 2005, hurricane.
Was this article valuable?
Here are more articles you may enjoy.
Bipartisan Legislation Introduced to Retroactively Restore NFIP
Kentucky Scrapyard Workers Describe UPS Plane Crash That Destroyed Their Business
Amazon Sued Over ‘Punitive’ Handling of Employee Absences
PwC: Insurance Execs Say Agentic AI Leading Industry Transformation 

