The Third Circuit Court of Appeal has rejected a summary judgement in favor of Lafayette Consolidated Government, ruling that a Lafayette police officer was evidently duty-bound to attempt to apprehend a hit-and-run driver moments after the accident.
The lawsuit brought by plaintiff Lisa Alfano was heard in Lafayette by Judge John Trahan. The suit stems from an August 2007 wreck on Pinhook road in which the car driven by Alfano was rear-ended by a white pickup. According to the suit, the pickup driver fled just as Officer Covey Menard arrived on the scene. Alfano contends that the truck was still within view, stopped a red light down the street, when she and a passenger pointed out the hit-and-run driver to Menard and urged him to go after the driver. Menard, however, declined to give chase, saying he “could not see any white truck in sight. Therefore, he determined apprehension of the hit-and-run driver at that time was unlikely, and chose instead to focus on the accident scene.”
Alfano filed suit seeking unspecified damages alleging a breach of duty by the officer. LCG countered at trial, arguing that Menard acted reasonably. Trahan agreed and granted LCG a summary judgement throwing out the suit.
But the appeals court disagreed, citing a state law — Revised Statue 32:398(D) — that requires law enforcement to investigate automobile accidents; the Third Circuit panel also cited Lafayette Police Department General Order 304.31, which stipulates that “when a driver involved in an accident has left the scene, the investigating officer shall attempt to apprehend said driver and take the appropriate enforcement action(s). If apprehension is not possible, the officer shall forward the pertinent information to the Hit-&-Run Officer along with all paperwork.”
Writing for the three-judge panel that heard the appeal from Alfano, Judge Sylvia R. Cooks concludes that “there are clear issues of material fact as to whether Officer Menard fulfilled his duties under both La.R.S. 32:398(D) and General Order 304.3, which until they are resolved cannot entitle LCG to governmental immunity... Those issues of fact must be decided at a trial on the merits. Therefore, we reverse the trial court’s grant of summary judgment and remand for further proceedings consistent with this opinion.”
... written by NORTHSIDIAN SHOTGUN , June 30, 2010 - 07:20 pm
HEE-HEE-HE TRAHANIZED HIS RULING TO PLAY BALL WITH LCG.... Stevie Wonder could have made that call, but then Stevie is not on the cuff....... How sad, that this Yahoo is a certified Judge. Oooh, I get it the officer on the scene was a HIT AND MISS, Officer, not the HIT AND RUN ,OFFICER..... Sort of like DEDUCT EGGS ------$ 0.40.
... written by TheProblemIs , June 30, 2010 - 09:31 pm
The LPD, overall, is rude to public, maintains a "John Wayne mentality," and doesn't like to be bothered when summoned to a so-called trivial traffic mishap. Not only are LPD officers rude to the public, they do not like to answer simple questions from the public, and most seem to have a chip on their shoulder for God only knows what reason. Gone are the days when the public would seek out police for assistance and/or help as well as look up to them. Too many times it has been proven that LPD officers will lie, either alone or as a group, in order to attempt to discredit members of the public who stand against their behavior. And, they are backed by the administration. For all of the good officers on the LPD who truly believe in public service to Serve and Protect, there are a number of others who actually scoff at that. The toughest, scariest, most powerful gang in Lafayette is, unfortunately, the LPD. If you doubt that, this story is an example as well as the restaurant owners on Jefferson who were bullied, beaten, intimidated by the LPS and the administration until finally vindicated in court.
... written by NOT, " THE NORTHSIDIAN SHOTGUN " , July 01, 2010 - 02:00 am
In the 60's & 70's you could call LPD, and ask for help when someone was attempting to break into your home........... The officer would drive-up with his lights off and tackle the intruder in a yard and cuff the dude and to the cellblock, with his ass...... You call for help in these days from LPD, and you'll have three LPD units with their sirens blaring and their lights on hi-beam, the BIG BAD COPS have learned this alerts the intruder, the intruder flees, and no-one gets hurt........... NOW, if its an automobile accident, five LPD units respond, and surround the vehicles, ( IF THEY ARRIVE IN TIME, USUALLY NOT UNTIL AFTER THE OFFENDER DRIVES OFF )jump out of their vehicles, with their offense booklet in one hand and their 24 " baton in the other hand, and as they usually inform you, "we ask the questions, here ", this is said in their best.... A LA, " CLINT EASTWOOD VOICE, and right away you know, " Oh Man, this DUDE's ole lady had a headache last night ! This is actual facts, only the name has been changed to protect, MOI !
... written by Morrow , July 01, 2010 - 02:13 pm
The Lafayette city PD has been out of conrol for about the past 4 chiefs and the complaints just get worse. The Sheriff's Office is no better. I constantly see two or more units fisiting in parking lots and they ain't running radar! Those agencies can open all the shelters they want, do all the PR prgranms they want, have children's camps in the summer, but the public wants law enforcemnent - intelligent, educated, respectful, professional law enforcement.
You must be logged in to post a comment. Log in using your Facebook account or register if you do not have an account yet.
MAY 20 This post by blogger CB Forgotston draws parallels between Gov. Bobby Jindal and two individuals he probably doesn't want to be aligned with: President Obama and former governor Edwin Edwards. CB says Jindal's trying to jack up the debt ceiling (an Obama play, according to CB) and buy votes from GOP leges who normally wouldn't go for that (an Edwards play, CB says).
MAY 20 Here's a post in the Baptist Message from an alumnus of Louisiana College. The author, Larry Burgess, calls on the leadership of the private school to take care of some pressing problems. Physical plant issues are critical and unaddressed, some faculty make so little they need government health care, and there is an atmosphere that does not encourage honest discussion, he writes. It's time to get things back in order, he says.
MAY 20 This post in Gambit tells of a benefit concert scheduled to raise money for the 19 people shot during a Mother's Day second line on Frenchmen Street in NOLA. Among them was Gambit blogger Deb Cotton, who spoke frequently about violence in the city and reported on the city's second line culture. Gambit's foundation, along with other NOLA non-profits, also is selling t-shirts to raise money for the victims.
MAY 20 Blogger Robert Mann is critical of the personal interest some legislators take in their work here, sharing the comments one NOLA solon made in explaining his decision to vote against a bill that would require people to stop discriminating against female workers. His wife might lose some salary, so he was going to have to vote against the equal pay bill, Conrad Appel said. Appel and everyone who heard him should have been ashamed, but they weren't, and that's what is wrong in that building, Mann argues.
MAY 20 American Press columnist Jim Beam writes about the budget again here, urging kudos for the House and its efforts to try to fix the budget as opposed to passing on a flawed and messy rubber-stamped document as it usually does. The Senate already is poo-pooing the effort, but instead Senators should be trying to find a way to improve it as well, Beam argues. He also has some predictions in here from LABI and CABL.
MAY 20 Here's a link to the photo gallery from Tulane's graduation this past weekend. Dr. John and Allen Toussaint played together and received honorary degrees. The Dalai Lama was so entranced by their performance he got up from his seat and walked across the stage to stand next to them. He even participated in a second line with his own personal, saffron-colored umbrella. To the graduates, he urged them to think about creating a peaceful, hopeful life and society.
MAY 20 This Picayune story questions the rhetoric of NOLA officials who say the city, aside from having a "murder problem," is safe. The talking points generally are that the criminals are killing each other, but everything else is OK. The police chief there says that even Lafayette is more dangerous than NOLA. But crime experts interviewed here say that NOLA's numbers indicate one of two things: either people are so used to violence they don't report it, or somebody's "fudging the numbers."
MAY 20 The Advocate's Mark Ballard writes about some of the background maneuvering that took place during the development of budget alternatives in the Legislature. From Rep. Joel Robideaux being called a "tax and spend liberal" to robo-call influence, Ballard lets us in on some of the work that happens behind the scenes but usually doesn't make it into the Advocate's daily coverage of the session.
David Calhoun and Elizabeth “EB” Brooks are the first two employees of Lafayette Central Park Inc., the nonprofit charged with turning Lafayette Consolidated Government’s 100-acre Johnston Street Horse Farm property into a passive public park. Calhoun was named executive director, and Brooks is director of planning and design.
At Thursday's State of the Economy luncheon, LEDA President and CEO Gregg Gothreaux said PXP has already quietly hired 180 people for its Broussard expansion.
There will soon be a whole lot of shakin’ going on at Benny’s Sportshack Supplement Depot, a new concept by Opelousas native Benny Nele. Located at 2002 Johnston St., the supplement shop, smoothie bar and café, featuring hot off the press paninis and wraps, plans to open in late May.
Plains Exploration and Production, the Houston company Flores has been running since 2002, is building a deepwater Gulf of Mexico warehouse and storage facility on Bernard Road in Broussard.
This year’s Cool Town issue is all about people who are not native to South Louisiana but made a conscious decision to be here, to be among us, to participate in our culture and contribute to it.
A shelved ordinance transferring $200,000 from a northside drainage project to a south Lafayette development may not break any laws, but it stinks to high heaven.
An effort to restore a shuttered dancehall and document other vacant or razed honky-tonks could serve as a model for saving an endangered species of entertainment.
Lafayette’s gene pool has been host to a long line of eccentric characters who have blurred the lines between crazy, genius, disturbed and curiously entertaining.
Subscribe to this comment's feed
How sad, that this Yahoo is a certified Judge.
Oooh, I get it the officer on the scene was a HIT AND MISS, Officer, not the HIT AND RUN ,OFFICER.....
Sort of like DEDUCT EGGS ------$ 0.40.