This class action brings suit against Entergy Corporation, Entergy Louisiana, LLC, and Entergy New Orleans, LLC. It complains of the fall of a transmission tower owned and operated by Entergy during a hurricane, near Avondale, Louisiana. The fallen tower and associated items, the complaint alleges, “created a hazard to navigation that required the river to be closed at that spot” and caused commercial disruption both on and near the river.
The class for this action is all persons and entities (including limited liability companies, corporations, nonprofits, partnerships and associations) who suffered a disruption of commercial activities because of the fall into, and obstruction of, the Mississippi River by an Entergy transmission tower and related lines and equipment, with the original blockage occurring on August 29 and 30, 2021, and resulting in multiple other days of closure during removal activities and repairs.
Hurricane Ida made landfall on August 29, 2021 at Port Fourchon, Louisiana, and then moved inland. At some point, the winds felled the 400-foot Entergy transmission tower, and the complaint alleges it took with it a conductor and transmission lines, which created a “hazard to navigation” and required closure of the river at that point. This in turn, the complaint alleges, “caus[ed] massive disruption of commercial activity on and near the river.”
The plaintiff in this case, Associated Terminals, LLC, runs terminal facilities at Convent, Louisiana, and claims that its business was severely disrupted by the fallen tower and that it “suffered economic damages and additional intangible losses, including harm to customer relationships.”
How is the fall of the tower in a hurricane Entergy’s fault? The complaint alleges that the tower was “defectively designed, badly engineered, over-loaded, and suffered from a lack of maintenance.” The complaint alleges that Entergy knew about all this long before the hurricane occurred but that it did not do anything to make the tower safe and able to withstand the conditions it might encounter during hurricane season in southern Louisiana.
The complaint alleges, “Entergy’s failure to properly inspect, test, maintain and repair the Entergy tower led directly to the blockage of the river and to the economic harm that plaintiff, and members of the putative class, suffered.” It therefore declares that Entergy is liable, under specific articles of the Louisiana Civil Code, for the economic damages suffered by the class.
The complaint asks for damages for the members of the class, attorneys’ fees, expenses, costs, and pre-judgment interest, and “all general and equitable relief.”
Article Type: LawsuitTopic: News
Most Recent Case Event
Entergy Tower Fall and Disruption of Business Complaint
September 2, 2022
This class action brings suit against Entergy Corporation, Entergy Louisiana, LLC, and Entergy New Orleans, LLC. It complains of the fall of a transmission tower owned and operated by Entergy during a hurricane, near Avondale, Louisiana. The fallen tower and associated items, the complaint alleges, “created a hazard to navigation that required the river to be closed at that spot” and caused commercial disruption both on and near the river.
Entergy Tower Fall and Disruption of Business ComplaintCase Event History
Entergy Tower Fall and Disruption of Business Complaint
September 2, 2022
This class action brings suit against Entergy Corporation, Entergy Louisiana, LLC, and Entergy New Orleans, LLC. It complains of the fall of a transmission tower owned and operated by Entergy during a hurricane, near Avondale, Louisiana. The fallen tower and associated items, the complaint alleges, “created a hazard to navigation that required the river to be closed at that spot” and caused commercial disruption both on and near the river.
Entergy Tower Fall and Disruption of Business Complaint