Evans v. Hawley

559 So. 2d 500, 1990 WL 40529
CourtLouisiana Court of Appeal
DecidedApril 4, 1990
Docket21347-CA
StatusPublished
Cited by15 cases

This text of 559 So. 2d 500 (Evans v. Hawley) is published on Counsel Stack Legal Research, covering Louisiana Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Evans v. Hawley, 559 So. 2d 500, 1990 WL 40529 (La. Ct. App. 1990).

Opinion

559 So.2d 500 (1990)

Faye EVANS, Plaintiff/Appellant,
v.
Albert D. HAWLEY, et al., Defendants/Appellees.

No. 21347-CA.

Court of Appeal of Louisiana, Second Circuit.

April 4, 1990.
Writ Denied June 1, 1990.

*501 Bodenheimer, Jones, Klotz & Simmons by J.W. Jones and Norman Lafargue, Shreveport, for Faye Evans.

Charles C. Grubb, City Atty. and Roland J. Achee, Shreveport, for J. Linnear and the City of Shreveport.

A. Mills McCawley, Shreveport, for Louisiana State University Medical Center.

Jack H. Kaplan, Shreveport, for Harry Diebner d/b/a Harry the Bondsman, John W. Minto, F.A. Morgan Bonding Co.

Onebane, Donohoe, Bernard, Torian Diaz, McNamara & Abell by John A. Keller, Lafayette, for American Excess Ins. Co.

Before HALL, C.J., and MARVIN and SEXTON, JJ.

HALL, Chief Judge.

In this wrongful death action, plaintiff Faye Evans appeals from the trial court judgment absolving the City of Shreveport, Officer Johnny Linnear, American Excess *502 Insurance Company, John Minto and F.A. Morgan Bonding Company from liability in the death of Ennest Evans. For reasons stated herein, we affirm.

FACTS

Ennest Evans, the decedent, was involved in an automobile accident during the morning hours of October 30, 1982. The other automobile involved in the accident turned left in front of Ennest Evans causing the collision. The impact of the two vehicles involved considerable force, sufficient to impel Evans forward causing his head to strike and break the windshield. Evans, who had been drinking prior to the accident, left the scene and drove to his place of employment where he attempted some repair to his vehicle.

After officers arrived at the accident scene and received a description of the Evans vehicle, Officer Johnny Linnear located the car at the corner of St. Vincent Avenue and Lash Street. Officer Linnear located Evans in a nearby building sitting on a bench with his head between his legs. After Evans admitted being involved in the accident, Officer Linnear returned Evans to the accident scene where he was identified by the driver of the other vehicle. He was placed under arrest, handcuffed, and transported to police headquarters.

While in route to the station Evans became belligerent when Officer Linnear called ahead to have the breathalyzer machine warmed up and waiting. Officer Linnear called a second time to ask for assistance to be available to help with Evans.

At the station, Evans continued to be belligerent, loud, and abusive, so Officers Linnear and Morgan took Evans to the jail for booking rather than his being booked at the booking desk, the normal procedure. Evans was placed in a small interview room containing a table and four chairs while the paper work was being completed. He was told several times that he was not allowed to smoke until the intoxilizer test was administered. While Officer Morgan was interviewing Evans, he lit a cigarette on three occasions. After Officer Linnear took the third cigarette from him, Evans jumped up from the chair in which he was sitting and headed toward Officer Linnear. Officer Linnear placed his hands on Evans' shoulders and pushed to reseat him in the chair. The chair slipped or Evans missed the chair, falling and striking his head on either the wall or the floor. Evans was rendered unconscious for a period of 30 to 60 seconds. Officer Linnear immediately took Evans to LSU Medical Center for evaluation and treatment.

At LSU Medical Center Evans was evaluated by an emergency medical services physician and an ear, nose and throat resident. A small laceration was noted in his ear for which he was treated. He had no blood behind the eardrum. A neurological workup did not indicate any problems. Evans was released to be returned to jail and was told to make an appointment to return to the ear, nose and throat resident. While in the hospital, Evans and Officer Mickey Lowe, present on an unrelated case and returning Evans to jail, were given a printed sheet of instructions for patients with possible head injuries. The instruction sheet included symptoms to watch for indicating significant head injuries. On leaving the hospital Officer Lowe found Evans who had wandered off at the bus stop across from the hospital. Officer Lowe returned Evans to the station, leaving the head injury instruction sheet with the jailer. Jailer Brumley, aware that Evans might have a problem, placed him in an observation cell. Brumley checked on Evans about every 10 to 15 minutes until his release. Evans complained of headache and mild dizziness.

Evans was brought from the jail around 4:30 p.m. to be bonded out. John Minto with Harry the Bondsman bonding service had been instructed to post bond for Evans, and that Mrs. Evans would meet him at the station. Mrs. Evans did not show up. After Evans was brought downstairs, Minto left Evans sitting on a bench in a waiting room while attempting to locate Mrs. Evans. While alone, Evans fell off the bench. Minto, hearing Evans' fall, found him on the floor. Minto completed the bonding process and had Evans placed in his car *503 around 5:30 p.m. Minto returned to the bonding company office to try and locate Mrs. Evans. Evans was left in Minto's car during this period.

Mrs. Evans arrived at the bonding office around 6:00 p.m. to pick up her husband. Minto assisted Mrs. Evans in placing Evans in the back seat of the car. Evans was taken home and carried into the house and placed on the bed. His condition deteriorated and emergency services were called. The Shreveport Fire Department responded. Evans was found to be comatose and unresponsive. After the ambulance company arrived, Evans was placed on a backboard, 2' by 6' in dimension, to be carried to the ambulance. The backboard was used because the hallway of the Evans residence was too narrow to permit maneuvering of a wheeled stretcher. During the process of moving Evans the backboard had to be tilted to turn a corner in leaving the Evans' bedroom. During the tilting process Evans slipped from the board striking his head on the door frame or floor.

Evans was taken to LSU Medical Center where he underwent surgery and subsequently died on November 2, 1982. The autopsy report revealed that Ennest Evans died of intracranial hemorrhaging.

Plaintiff, Faye Evans, brought this action for wrongful death against Albert and Dorma Hawley, the driver and owner of the other car involved in the accident, and their insurer, Texas County Mutual Insurance Company; the City of Shreveport, and its insurer American Excess Liability Insurance Company; Officer Johnny Linnear; Cuestas, Inc., the ambulance company; Louisiana State University Medical Center; John W. Minto, and his employer, the bonding company. Plaintiff subsequently settled with the Hawleys and their insurer, with Cuestas, Inc., and with LSU Medical Center. These defendants were dismissed. Subsequently a trial was held on the merits and the trial court dismissed John W. Minto during trial. At the conclusion of the trial, judgment was rendered dismissing plaintiff's suit against the remaining defendants. Plaintiff appealed asserting the trial court erred in failing to find Officer Johnny Linnear, the City of Shreveport and American Excess Liability Insurance Company liable for the death of Ennest Evans. Plaintiff also asserts the trial court erred in failing to find John Minto and his employer liable for the death of Ennest Evans.

EXCESSIVE FORCE

Plaintiff asserts two theories for holding the City of Shreveport liable for the death of Ennest Evans.

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Cite This Page — Counsel Stack

Bluebook (online)
559 So. 2d 500, 1990 WL 40529, Counsel Stack Legal Research, https://law.counselstack.com/opinion/evans-v-hawley-lactapp-1990.