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GANN v. MATTHEWS

No. 2003 CA 0640.

873 So.2d 701 (2004)

Brenda Gann and Robert GANN v. Tammie L. MATTHEWS, Terrance D. Matthews and Allstate Insurance Company.

Court of Appeal of Louisiana, First Circuit.

February 23, 2004.

Attorney(s) appearing for the Case

Joseph C. Possa, Baton Rouge, Counsel for Plaintiff/Appellee Brenda Gann and Robert Gann.

Donald R. Smith, Craig J. Fontenot, Baton Rouge, Counsel for Defendant/Appellee Tammie Matthews.

Joseph W. Mengis, Baton Rouge, Counsel for Defendant/Appellant Allstate Insurance Company.

Melissa Richard, David D. Forrester, Baton Rouge, Counsel for Defendant/Appellant Terrance Matthews.

Before: FOIL, FITZSIMMONS, and GAIDRY, JJ.

GAIDRY, J.

In this case involving injuries sustained by a police officer while attempting to handcuff an arrestee, the trial court awarded damages to the plaintiffs for these injuries and defendants appealed. For the following reasons, we reverse.

FACTS AND PROCEDURAL HISTORY

On June 28, 1998, Officer Brenda Gann responded to a call regarding a disturbance at the home of Tammie Matthews. Tammie Matthews had previously obtained a restraining order...

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