BATISTE v. GUTIERREZ

No. 2006-911.

944 So.2d 840 (2006)

Terrance BATISTE v. Jose R. GUTIERREZ, et al.

Court of Appeal of Louisiana, Third Circuit.

December 6, 2006.


Attorney(s) appearing for the Case

David C. LaBorde, Bradley G. Frizzell, The LaBorde Law Firm, Lafayette, LA, for Plaintiff/Appellant, Terrance Batiste.

John F. Wilkes, III, Lisa E. Mayer, Joy C. Rabalais, Libby Heinen, Borne & Wilkes, L.L.P., Lafayette, LA, for Defendants/Appellees, Town of Vinton, Arthur Phillips.

Court composed of GLENN B. GREMILLION, ELIZABETH A. PICKETT, and J. DAVID PAINTER, Judges.


GREMILLION, Judge.

The plaintiff, Terrence Batiste, appeals the trial court's grant of summary judgment in favor of the defendants, the Town of Vinton and Officer Arthur Phillips. This left Officer Phillips and Vinton as defendants. The trial court held that no genuine issue of material fact exists with regard to whether Officer Phillips breached his duty by failing to arrest or detain the driver of a vehicle who later caused injuries to Batiste as a result of being...

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