In 2017, Mr. Robert Kerrigan, defended a travel agent in a claim filed by a disabled traveler who was dissatisfied with the accommodations provided on a trip arranged by the travel agent. The traveler was allegedly injured on the trip as a result of the lack of handicap accommodations provided by the international vendors and sought recovery for the cost of the trip, as well as various personal injuries. Ms. Wise was able to defeat the Plaintiffs’ claim on an Exception of Prematurity, based on the fact that the Plaintiffs had failed to comply with the arbitration provision contained in the terms and conditions section of the contract signed by Plaintiffs. The Court granted the exception, dismissing the claim against Ms. Wise’s client, which resulted in the immediate settlement of the claim for a nominal amount.
Donald Nanz and Glenda Nanz v. Central Holidays Travel Group and United States Fire Insurance Company, Suit No. 2016-13347. Honorable Reginald Badeaux, St. Tammany Parish Civil Court.