HARDY v. BOWIE

No. W97-1707.

719 So.2d 1158 (1998)

Abel Jack HARDY, Jr., et al., Plaintiffs-Appellees, v. Brian Q. BOWIE, et al., Defendants-Appellants.

Court of Appeal of Louisiana, Third Circuit.

October 7, 1998.


Attorney(s) appearing for the Case

Patrick Craig Morrow, Sr., Esq., for Abel Jack Hardy, Jr., et al.

Carroll Spell, Jr., Esq., Lafayette, for Brian Q. Bowie, et al.

Edwin Gustav Preis, Jr., Esq., Kay Theunissen, Esq., Lafayette, for City of Lafayette.

John P. Guillory, Lafayette, for LA. Food & Entertainment.

Before SAUNDERS, DECUIR and SULLIVAN, JJ.


SAUNDERS, Judge.

The issue on appeal is whether a one-on-one duty arose between a police officer and a citizen such that the officer's general public duty was usurped by a special duty to that individual. Additionally, before this court is the issue of whether La.R.S. 9:2798.1 applies to render the City of Lafayette, as governmental actor through the Lafayette Police Department and its employees, immune from suit arising from a victim's murder.

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