DAVIS v. WITT

Nos. 2002-C-3102, 2002-C-3110.

851 So.2d 1119 (2003)

Clifford DAVIS, Jr. et al. v. Charles WITT, et al.

Supreme Court of Louisiana.

Rehearing Denied September 5, 2003.


Attorney(s) appearing for the Case

Hon. Richard P. Ieyoub, Attorney General, Laura L. Putnam Shell, Baton Rouge, Counsel for Applicant (No. 2002-C-3102).

James L. Pate, Melissa L. Theriot, Laborde & Neuner, Lafayette, Charles V. Musso, Jr., H. David Vaughan, II, Plauche, Smith & Nieset, Lake Charles, Counsel for Respondent (No. 2002-C-3102).

Craig E. Frosch, Thomas A. Usry, John F. Weeks, II, New Orleans, Counsel for Louisiana Sheriff's Association (Amicus Curiae).

James L. Pate, Melissa L. Theriot, Laborde & Neuner, Lafayette, Counsel for Applicant (2002-C-3110).

Hon. Richard P. Ieyoub, Attorney General, Laura L. Putnam Shell, Baton Rouge, Charles V. Musso, Jr., H. David Vaughan, II, Plauche, Smith & Nieset, Lake Charles, Counsel for Respondent (No. 2002-C-3110).

Craig E. Frosch, Thomas A. Usry, John F. Weeks, II, New Orleans, Counsel for Louisiana Sheriff's Association (Amicus Curiae).


KNOLL, Justice.

In this bifurcated trial for two wrongful deaths involving two public entities, one who requested a jury trial and one who invoked its right to a judge trial,1 we are called upon to address the duty of law enforcement personnel in a non-emergency roadway situation. Finding the sheriff's deputy acted reasonably under the facts presented in the case before us, we reverse the trial judge's findings of liability and dismiss...

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