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SMITH v. CITY OF LAKE CHARLES POLICE DEPT.

No. 03-155.

858 So.2d 869 (2003)

Arn SMITH and Deidre Bell Smith v. CITY OF LAKE CHARLES POLICE DEPARTMENT, et al.

Court of Appeal of Louisiana, Third Circuit.

November 5, 2003.

Attorney(s) appearing for the Case

John Kevin Stockstill, Lafayette, LA, for Plaintiffs/Applicants, Arn Smith, Deidre Bell Smith.

Jerry Joseph Falgoust, Dauzat, Falgoust, Caviness & Bienvenu, L.L.P., Opelousas, LA, for Defendants/Respondents, City of Opelousas Police Department, Sgt. Donald Thompson.

Christopher E. John, Asst. City Attorney, Charles, LA, for Defendants/Respondents, City of Lake Charles, Detective Billy Toten.

Larry Allen Wallace, Jr., Lafayette, LA, for Defendants/Respondents, Hartford Insurance Company, City of Eunice Police Department, Sgt. Varden Guillory, Sr., Sgt. Richard Daigle.

Court composed of ULYSSES GENE THIBODEAUX, GLENN B. GREMILLION, and ELIZABETH A. PICKETT, Judges.

GREMILLION, Judge.

The plaintiffs, Arn and Deidre Smith, seek supervisory writs on the trial court's denial of their request for a jury trial against the City of Eunice's liability insurer, Hartford Insurance Company, and its grant of a declinatory exception of improper venue in favor of the defendants, the City of Lake Charles and Detective Billy Toten. For the following reasons, the writ is granted in part and made peremptory and denied in part and the Smiths' claims...

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