Opinion
NO. 2014 CW 1761
05-05-2015
KAYLA SMITH, JENNIFER SCALLAN AND BRENT SMITH v. STATE OF LOUISIANA THROUGH THE DIVISION OF ADMINISTRATION AND/OR THE OFFICE OF RISK MANAGEMENT, CITY OF BATON ROUGE, PARISH OF EAST BATON ROUGE, LOUISIANA NAVAL WAR MEMORIAL COMMISSION AND/OR THE LOUISIANA VETERANS MEMORIAL FOUNDATION, DEVIN COLLINS, AND AND MARVIN BROWN
In Re: City of Baton Rouge/Parish of East Baton Rouge, applying for supervisory writs, 19th Judicial District Court, Parish of East Baton Rouge, No. 568531. BEFORE: GUIDRY, McDONALD, McCLENDON, HIGGINBOTHAM, AND CRAIN, JJ.
WRIT DENIED.
JMG
PMc
TMH
McDonald and Crain, JJ., dissent and would grant the writ in part and deny it in part. We would reverse that portion of the July 7, 2014 district court ruling denying the motion for summary judgment filed by City of Baton Rouge/Parish of East Baton Rouge and would enter judgment in their favor, granting the motion. We find that plaintiffs have failed to produce factual support sufficient to establish that they will be able to satisfy their evidentiary burden at trial. See La. Code Civ. P. art. 966. We further find the City of Baton Rouge/Parish of East Baton Rouge, through the Baton Rouge Police Department, did not owe a duty to plaintiff Kayla Smith and, therefore, were not negligent. See Persilver v. La. Dep't of Transp., 90-1257 (La. App. 1st Cir. 8/8/91), 592 So.2d 1344. We, therefore, would dismiss the claims against the City of Baton Rouge/Parish of East Baton Rouge with prejudice. In all other respects, we would deny the writ. COURT OF APPEAL, FIRST CIRCUIT /s/_________
DEPUTY CLERK OF COURT
FOR THE COURT