FREEMAN v. STATE

No. 2007-CA-1555.

982 So.2d 903 (2008)

Herbert FREEMAN, Jr., Individually and in His Capacity as Representative of the Estate of Ethel Freeman v. The STATE of Louisiana, Louisiana Department of Transportation and Development, Louisiana Department of Health and Hospitals, Louisiana State University Health Sciences Center, et al.

Court of Appeal of Louisiana, Fourth Circuit.

April 2, 2008.


Attorney(s) appearing for the Case

John Paul Massicot, Frank A. Silvestri, M. Damien Savoie, Anthony L. Marinaro, Silvestri & Massicot, New Orleans, LA, Peter D. Derbes, Law Office Of Peter D. Derbes, New Orleans, LA, for Plaintiff/Appellant.

Penya Moses-Fields, City Attorney, Joseph V. DiRosa, Jr., Chief Deputy City Attorney, Victor L. Papai, Jr., Assistant City Attorney, Heather M. Valliant, Assistant City Attorney, Jacob Martinez, Law Clerk, Jessie Polini, Law Clerk, New Orleans, LA, for the City of New Orleans, Mayor Ray Nagin, Dr. Kevin Stephens and Terry Ebbert.

James D. "Buddy" Caldwell, Attorney General, David G. Sanders, Patricia H. Wilton, Assistant Attorneys General, LA Department of Justice, Litigation Division, Baton Rouge, LA, for the State of Louisiana, State University Health Sciences Center, the Louisiana Division of Administration, Governor's Office of Homeland Security and Emergency Preparedness, Governor Kathleen Blanco, Major General Bennett C. Landreneau, and Dr. John A. Rock.

James d. "Buddy" Caldwell, Attorney General, William M. Hudson, III, Patrick B. McIntire, Special Assistant Attorneys General, Oates & Hudson, Lafayette, LA, Clifton O. Bingham, Jr., Special Assistant Attorney General, Oats & Hudson, Baton Rouge, LA, Michael M. Duran, Sr., Special Assistant Attorney General, Oats & Hudson, New Orleans, LA, for the State of Louisiana, the Department of Transportation and Development and Johnny B. Bradberry, Secretary.

(Court composed of Judge CHARLES R. JONES, Judge PATRICIA RIVET MURRAY, Judge JAMES F. McKAY, III, Judge DAVID S. GORBATY, Judge EDWIN A. LOMBARD).


DAVID S. GORBATY, Judge.

Herbert Freeman, Jr., individually and as representative of the estate of Ethel Freeman, appeals a judgment granting defendants' Exceptions of No Right and No Cause of Action, and dismissed his claims, with prejudice. For the following reasons, we affirm.

FACTS AND PROCEDURAL HISTORY:

Herbert Freeman and his elderly mother, Ethel, did not evacuate before Hurricane Katrina, but rather decided to remain in their...

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