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ROBERTSON v. HESSLER

No. 2008-CA-1212.

13 So.3d 1214 (2009)

Godiva Hawkins ROBERTSON, Steven Hawkins, Sr., and Joell Jackson on Behalf of Her Minor Child Kevin Jackson, and the Succession of Steven Hawkins, Jr. v. Eric HESSLER and the New Orleans Police Department.

Court of Appeal of Louisiana, Fourth Circuit.

Rehearing Denied June 16, 2009.

Attorney(s) appearing for the Case

Craig S. Sossaman, Michael W. Collins, The Law Offices of Craig S. Sossaman, P.L.C., Metairie, LA, for Plaintiffs/Appellees.

Penya Moses-Fields, City Attorney, James B. Mullaly, Assistant City Attorney, Franz L. Zibilich, Associate City Attorney, New Orleans, LA, for Defendants/Appellants.

(Court composed of Judge DENNIS R. BAGNERIS, SR., Judge MICHAEL E. KIRBY, Judge DAVID S. GORBATY).

DAVID S. GORBATY, Judge.

The City of New Orleans and Eric Hessler (collectively referred to herein as "defendants") appeal a judgment rendered against them for the wrongful death of Steven Hawkins, Jr. For the following reasons, we reverse.

FACTS:

On March 17, 2000, Sergeant Eric Hessler (hereinafter "Sgt. Hessler"), an off-duty police officer employed by the New Orleans Police Department (hereinafter "NOPD"), shot Steven Hawkins, Jr. Mr. Hawkins...

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