Istre v. Meche

916 So. 2d 307, 2005 WL 2864617
CourtLouisiana Court of Appeal
DecidedNovember 2, 2005
DocketCA 05-303
StatusPublished
Cited by4 cases

This text of 916 So. 2d 307 (Istre v. Meche) 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
Istre v. Meche, 916 So. 2d 307, 2005 WL 2864617 (La. Ct. App. 2005).

Opinion

916 So.2d 307 (2005)

Russell Paulette Lebouef ISTRE, et al.
v.
Daniel MECHE, et al.

No. CA 05-303.

Court of Appeal of Louisiana, Third Circuit.

November 2, 2005.

*308 John Fayne Wilkes III, Lisa Eve Mayer, Borne, Wilkes, etc., Lafayette, LA, for Defendants/Appellees, Russell Buchanan, City of Rayne.

Homer Edward Barousse Jr., Barousse & Craton, Crowley, LA, for Defendants/Appellees, Dy Kevin Trahan, Acadia Parish Sheriff's Office.

Walter Kay Jamison III, Daigle, Scofield, Rivera, etc., Lafayette, LA, for Plaintiffs/Appellants, Russell Paulette Lebouef Istre, LeRoy Istre.

John Powers Wolff III, Andrew Blanchfield, Keogh, Cox & Wilson, Baton Rouge, LA, for Defendant/Appellee, General Star Indemnity Co.

Freeman Rudolph Matthews, Attorney at Law, Gretna, LA, for Defendants/Appellees, Acadia Parish Sheriff's Office, Dy Kevin Trahan.

Court composed of JOHN D. SAUNDERS, JIMMIE C. PETERS, and BILLY HOWARD EZELL, Judges.

SAUNDERS, Judge.

Mrs. Russell Paulette Istre suffered serious injuries when her car was struck by a pickup truck driven by Daniel Meche. At the time of the accident, Mr. Meche was being pursued in a high-speed police chase. Plaintiffs, Russell Paulette Istre and Leroy Istre, contend that Defendant Officer Russell Buchanan's actions in pursuing Meche were unreasonable and that he is partially liable for the accident. The trial court, after examining all of the documentary evidence and testimony, determined that Officer Buchanan's actions were not unreasonable under the circumstances. Based upon this conclusion, the trial court found that there was no genuine issue of material fact and granted summary judgment in favor of Officer Buchanan and his employer, the City of Rayne. We affirm and remand the case for further proceedings.

FACTS AND PROCEDURAL HISTORY

The accident giving rise to this litigation occurred on August 29, 1998, when a pickup *309 truck operated by Daniel Meche ran a red light at the intersection of East Texas Avenue and South Polk Street in Rayne, Louisiana. Meche's truck violently struck Russell Paulette Istre's vehicle on the driver's side as she passed through the intersection. At the time of the accident, Daniel Meche was being pursued by law enforcement officials in a high-speed chase. Deputy Kevin Trahan of the Acadia Sheriff's Department initially gave chase when his radar indicated that Meche was traveling at a speed of sixty-three miles per hour in a forty-five mile per hour zone on a country road between Crowley and Rayne. Reaching speeds of eighty to 100 miles per hour, the chase continued from the countryside into the City of Rayne where it ended in the accident at issue. Deputy Trahan pursued Meche into the City of Rayne, where he called the city police dispatcher, and Officer Buchanan was dispatched to assist Deputy Trahan. Deputy Trahan was following about three to four car lengths behind Meche; Officer Buchanan followed about one-half block behind Deputy Trahan. At two times during the chase, Officer Buchanan lost sight of both Meche's vehicle and Deputy Trahan's vehicle. When Officer Buchanan regained sight of Meche the second time, he attempted to block Meche's lane of travel, but Meche maneuvered around the roadblock. At the time of the accident, Deputy Trahan was three quarters of a block behind Meche and Officer Buchanan was four or more car lengths behind the deputy.

Due to the high rate of speed and the violent nature of the accident, Russell Paulette Istre suffered severe injuries. Following the accident, she remained in a coma for approximately one month and suffered significant brain damage in addition to physical injuries that were sustained when her vehicle was struck by Meche's pickup truck.

Russell Paulette Istre and Leroy Istre originally filed suit against Daniel Meche and his insurer, State Farm Mutual Automobile Insurance Company. Thereafter, Plaintiffs amended their petition to also name Deputy Kevin Trahan, Sheriff Ken Goss, Officer Russell Buchanan and the City of Rayne as defendants. Plaintiffs allege that the deputy and his employer, the Sheriff, as well as Officer Buchanan and his employer, the of Rayne, are liable to them for damages because the two law enforcement agents were in pursuit of Daniel Meche at the time of the accident. Plaintiffs claim that the officers breached the standard of care owed to automobile drivers and pedestrians on public streets.

On or about December 20, 2000, Officer Buchanan and the City of Rayne filed motions for summary judgment seeking a dismissal of Plaintiffs' claims against them. They argued that Officer Buchanan was not negligent and that he and the City of Rayne were immune from liability pursuant to La.R.S. 9:2798.1(B). Plaintiffs opposed the motion. After a hearing, the trial court denied the motion on the grounds that genuine issues of material fact existed and, therefore, summary judgment was precluded.

On or about February 27, 2004, Officer Buchanan and the City of Rayne filed a second motion for summary judgment citing a recent Louisiana Fifth Circuit case, Jones v. Congemi, 01-1345, 02-148, 02-149 (La.App. 5 Cir. 5/13/03), 848 So.2d 41, writ denied 03-1647 (La.10/10/03), 855 So.2d 354. Plaintiffs filed an opposition to the motion. The trial court granted summary judgment in favor of Defendants Officer Buchanan and the City of Rayne, finding that Officer Buchanan's actions were not unreasonable and that there was no genuine issue of material fact. Plaintiffs now appeal.

*310 ASSIGNMENT OF ERROR

The trial court erred in finding that Officer Buchanan acted in a reasonable manner, thereby granting the motion for summary judgment in favor of Officer Buchanan and the City of Rayne.

STANDARD OF REVIEW

Appellate courts conduct a de novo review of rulings on motions for summary judgment. "It is well established that a summary judgment shall be rendered if the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to material fact, and that the mover is entitled to judgment as a matter of law." Alfred Palma, Inc. v. Crane Servs., Inc., 03-0614, p. 3 (La.App. 3 Cir. 11/5/03), 858 So.2d 772, 774, (quoting Shelton v. Standard/700 Associates, 01-587, p. 5 (La.10/16/01), 798 So.2d 60, 64-65). La.Code Civ.P. art. 966(B).

LAW AND ANALYSIS

Plaintiffs-Appellants argue that the trial court erred when it found that Officer Buchanan's actions were not unreasonable and granted the motion for summary judgment in favor of him and the City of Rayne. A motion for summary judgment is properly granted "if the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to material fact, and that mover is entitled to judgment as a matter of law." La.Code Civ.P. art. 966(B). "A fact is `material' when its existence or nonexistence may be essential to plaintiff's cause of action under the applicable theory of recovery." Smith v. Our Lady of the Lake Hosp., Inc., 93-2512, p. 27 (La.7/5/94), 639 So.2d 730, 751; Penalber v. Blount, 550 So.2d 577 (La.1989). "Facts are `material' if they potentially insure or preclude recovery, affect a litigant's ultimate success, or determine the outcome of a legal dispute." Id. at 583.

Plaintiffs/Appellants argue that Officer Buchanan acted unreasonably under the circumstances and that his actions amounted to negligence.

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Cite This Page — Counsel Stack

Bluebook (online)
916 So. 2d 307, 2005 WL 2864617, Counsel Stack Legal Research, https://law.counselstack.com/opinion/istre-v-meche-lactapp-2005.