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HAYES v. CITY OF BATON ROUGE

No. 96 CA 0189.

683 So.2d 899 (1996)

Eddie Lee HAYES, Individually and on Behalf of his Minor Children, Kevin Hayes and Kim Hayes, Robert Hayes, Geraldine Baker, Charles Earl Baker, Leandrew Baker, Felton Baker and Gregory Baker v. CITY OF BATON ROUGE/PARISH OF EAST BATON ROUGE, City of Baker, Baton Rouge City Police Department, Baker City Police Department, Dwayne Bovia, Baker Police Officer John Doe, Baton Rouge City Police Officer John Doe, Willie James Myers, Roderick Demond Fields, Donald Lee Augustus, et al.

Court of Appeal of Louisiana, First Circuit.

November 8, 1996.

Attorney(s) appearing for the Case

Kenneth L. Riche, Baton Rouge, for Plaintiffs-Appellees.

Mark Marinoff, Baton Rouge, for Defendants-Appellants.

Before LOTTINGER, C.J., and FOIL and FOGG, JJ.

FOGG, Judge.

This suit involves a survival action and a wrongful death action. The issues raised on appeal concern liability and quantum.

The incident giving rise to this suit occurred on May 25, 1992 shortly before 9:00 p.m. On that date, Baton Rouge City Police Officer Dwayne Bovia, operating a marked police unit, observed a 1988 Oldsmobile occupied by four black males being operated in a suspicious manner by Willie James Myers. At his request, Baton Rouge...

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