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JONES v. CONGEMI

Nos. 01-C-1345, 02-CA-148, 02-CA-149.

848 So.2d 41 (2003)

Chiwana J. JONES, Wife of/and Henry Jones, individually and appearing on behalf of their Minor Child, Breion Jones; Andre James Phillips, individually and as the duly appointed Provision Tutor of and appearing on behalf of Diana James; Orlando James Brown, individually and appearing on behalf of her Minor Child, Norman James, v. Nick CONGEMI, both individually and as the Chief of Police, City of Kenner, ABC Insurance Company, Michael Archuleta, Russell Moran, Bennie Bazely, and Robert King, as the Natural Tutor of Terrence King. Wilmareen James, Wife of/and Wilson James, v. Nick Congemi, individually and as the Chief of Police, City of Kenner, Michael Archuleta, Russell Moran, Bennie Bazley and Terrence King.

Court of Appeal of Louisiana, Fifth Circuit.

May 13, 2003.

Attorney(s) appearing for the Case

Daniel A. Claitor, Claitor & Loupe, L.L.C., Baton Rouge, LA, for Chiwana Jones, et al., Plaintiffs/Appellees.

Karl Wiedemann, Wiedemann & Wiedemann, New Orleans, LA, for Wilmareen James and Wilson James, Plaintiffs/Appellees.

Edward F. Kohnke, IV, James H. Brown, Jr., Frilot, Patridge, Kohnke & Clements, New Orleans, LA, and Lawrence J. Duplass, Kelly Cambre Bogart, Duplass, Zwain & Bourgeois, Metairie, LA, for The City of Kenner, Chief of Police Nick Congemi, Officer Michael Archuleta, Officer Russell Moran, Officer Bennie Bazley, and Fireman's Fund Insurance Company of Ohio, Defendants/Appellee.

Ernest L. O'Bannon, Christopher M. G'Sell, Bienvenu, Foster, Ryan & O'Bannon, New Orleans, LA, for Scottsdale Insurance Company, Intervenor/Appellee.

Philip Boudousque', Metairie, LA, for The City of Kenner, Chief of Police Nick A. Congemi, Officer Michael Archuleta, Officer Russell Moran, Officer Bennie Bazely, Defendants/Appellants.

Panel composed of Judges EDWARD A. DUFRESNE, JR., SOL GOTHARD, JAMES L. CANNELLA, THOMAS F. DALEY and WALTER J. ROTHSCHILD.

WALTER J. ROTHSCHILD, Judge.

This case arises from an automobile accident that occurred on August 30, 1998, when Terrence King, who was driving a stolen Dodge Neon, disregarded a red light and struck a Honda Accord driven by Wilmareen James. The plaintiffs in this matter are the occupants of the Honda Accord and the survivors of the occupants who tragically died as a result of this accident. At the time of the accident, the vehicle driven by King was being followed...

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