“Did a NOLA Judge & Her Hubby Exaggerate Injuries for a Lawsuit?”
Yesterday, “The NOLA Tabloid” published an article questioning whether Criminal District Court Judge Tracey Flemings-Davillier and her husband, John Davillier, were getting in on the act of Louisiana’s rampant auto liability litigation by filing a personal injury lawsuit following a car accident and claiming, among other things, a loss of consortium between them, which is a legal term meaning a lack of sexual intercourse between spouses.
Anyone who lives in metro New Orleans knows that auto insurance rates are exceedingly expensive. Some in the media have described Louisiana’s tort system as a “hellhole” when dealing with frivolous personal injury lawsuits. In a state that leads the nation in automotive liability suits, Louisiana Insurance Commissioner Jim Donelon said that this “off the charts” litigation has unquestionably driven up the cost of insurance statewide. Not to mention the constant advertising by personal injury lawyers on T.V., radio, and billboards promising quick cash for minor car wrecks.
Now, “The NOLA Tabloid” has uncovered evidence to suggest that the Davilliers’ personal injury claims may have been greatly exaggerated in order to fluff-up a frivolous lawsuit.
On March 4, 2018, the Davilliers were allegedly stopped at a red light in their 2017 Jaguar XL when they were impacted by a 2004 Toyota Camry and 2004 Dodge Ram in an apparent chain reaction auto-accident. In their “petition for damages,” which was filed one-year later in 2019, Mr. Davillier claimed that he “has suffered and continues to suffer loss of consortium, service, and society as a result of the physical injuries suffered by Tracey Flemings Davillier in the accident at issue in the action.”
“The NOLA Tabloid” has discovered this pic posted online of a trip to Haiti that Judge Davillier took with her sister-in-law only days after this car accident in which she was supposedly injured so severely to the point where the Davilliers could not have a normal marriage or lifestyle.
The pics of the Haiti trip were posted to social media on March 20, 2018, only 16-days following this auto-accident. Judge Davillier and her sister-in-law traveled with a group of other women from New Orleans as part of a charitable “Mission to Haiti” to donate funds to Haitian schools and orphanages through The Links organization.
In the online pics, which are also posted to the website neworleanslinks.org, Judge Davillier is attending various events and smiling and does not appear to be injured or limited in enjoying this Haitian excursion. Yet, Mr. Davillier claimed in the “petition for damages” that an entire year later in 2019, Judge Davillier is so injured that it is adversely affecting their marriage and social lives.
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