Opinion
NO. 2013 CW 0248
03-25-2013
MARION JOURDAN v. RYAN GIDDINGS. CITY OF BATON ROUGE THROUGH THE DEPARTMENT OF EMERGENCY MEDICAL SERVICES AND STATE FARM STANLEY JOURDAN v. RYAN GIDDINGS. CITY OF BATON ROUGE THROUGH THE DEPARTMENT OF EMERGENCY MEDICAL SERVICES AND STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY
In Re: Ryan Giddings and the City of Baton Rouge/ Parish of East Baton Rouge through the Departemnt of Emergency Medical Services, applying for supervisory writs, 19th Judicial District Court, Parish of East Baton Rouge, No. 589,710 c/w 591,631.
BEFORE: KUHN, PETTIGREW, AND McDONALD, JJ.
WRIT GRANTED WITH ORDER. We reverse that portion of the trial court's ruling, signed January 15, 2013, which prohibited the defendants from introducing evidence or mentioning in the presence of the jury the applicability of the Louisiana Emergency Vehicle Law, La. R.S. 32:24. The applicability of that statute to the facts of this matter is a determination left to the fact-finder after being instructed on the provisions of the statute. Accordingly, we instruct the trial court to allow the defendants to introduce evidence and argument regarding the applicability of La. R.S. 32:24 to the present matter as may be allowed by law.
JMM
JEK
JTP
COURT OF APPEAL, FIRST CIRCUIT
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DEPUTY CLERK OF COURT
FOR THE COURT