SMITH v. RICE

No. 92-CA-2125.

613 So.2d 741 (1993)

Dwaine M. SMITH, et al. v. John C. RICE, et al.

Court of Appeal of Louisiana, Fourth Circuit.

January 28, 1993.


Attorney(s) appearing for the Case

Gregg J. Graffagnino, Houma, for appellants.

Bruce G. Whittaker, Deputy City Atty., Brett J. Prendergast, Chief of Civ. Litigation, Kathy L. Torregano, Chief Deputy Chief Atty., William D. Aaron, Jr., City Atty., New Orleans, for appellees.

Before KLEES, CIACCIO and WALTZER, JJ.


WALTZER, Judge.

Dwaine and Tamila Smith appeal the trial court's judgment finding that police officer John C. Rice was not in the course and scope of his employment with the City of New Orleans at the time of an automobile accident.

On August 25, 1990, in Kenner, Louisiana, a police car driven by Rice collided with an automobile driven by Dwaine Smith. Tamila Smith was a passenger in the vehicle. On November 14, 1990, the Smiths filed suit in Terrebonne Parish...

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