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.
Viewpoint: Why Brokers Have Little to Fear and Everything to Gain From AI
Vehicle Complexity Complicates Auto Valuation, Says JD Power
Toilet Paper Warehouse in California Destroyed by Fire; Employee Arrested
Verisk: Insurance Claims Volume Fell to 5-Year Low in 2025 

