Opinion
CIVIL ACTION NO. 03-0757-S.
November 21, 2005
JUDGMENT
Before the Court are two motions for summary judgment. Defendants Harrah's Shreveport/Bossier City Investment Company, L.L.C. and Cedric Caldwell filed for summary judgment on the theory of judicial estoppel, also contending that Texie Loyd's loss of consortium claim should be dismissed because it is derivative of the barred claims. [Doc. No. 41]. Defendants City of Shreveport, James N. Roberts, Jr. and Cpl. S.D. Willis filed for summary judgment on multiple grounds which can be summarized as: (1) judicial estoppel and (2) merits based issues. [Doc. No. 43]. The Court finds that the plaintiffs' claims are barred by judicial estoppel. Both motions for summary judgment are granted. Texie Loyd's claim of loss of consortium is also dismissed as it is derivative of Scott Loyd's claims. The Court does not make any findings on the merits based portions of COS's motion for summary judgment. Those portions of the COS motion are denied as moot.
Therefore: IT IS ORDERED that Defendants Harrah's Shreveport/Bossier City Investment Company, L.L.C. and Cedric Caldwell motion for summary judgment [Doc. No. 41] shall be GRANTED. IT IS FURTHER ORDERED that Defendants City of Shreveport, James N. Roberts, Jr. and Cpl. S.D. Willis motion for summary judgment [Doc. No. 43] shall be GRANTED on the basis of judicial estoppel; the remainder of the motion shall be DENIED AS MOOT. IT IS FURTHER ORDERED that Plaintiffs' claims shall be DISMISSED WITH PREJUDICE.