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FRUGE v. CITY OF NEW ORLEANS

No. 92-CA-0246.

613 So.2d 811 (1993)

Melva FRUGE v. The CITY OF NEW ORLEANS, Through N.O.P.D., et al.

Court of Appeal of Louisiana, Fourth Circuit.

Rehearing Denied March 10, 1993.

Attorney(s) appearing for the Case

Lawrence Blake Jones, Ronald L. Wilson, Mark M. Gonzalez, New Orleans, for plaintiff/appellee.

Franz Ziblich, Asst. City Atty., Brett J. Prendergast, Chief of Civ. Litigation, William D. Aaron, Jr., City Atty., New Orleans, for defendants/appellants.

Before SCHOTT, C.J., and BARRY and PLOTKIN, JJ.

BARRY, Judge.

The City of New Orleans appeals a $150,000 tort judgment awarded to Mrs. Melva Fruge, whose diabetic son was arrested for public drunkenness and died while in police custody.

The City argues: 1. It has no duty to a conscious arrestee who did not exhibit any indication of injury or diabetes; 2. If a duty exists, it is only to do what is reasonable; 3. The evidence does not establish a breach of any duty;

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