Norman Mcquirter, Brannon Mastos, And Jerome Tubbs v. State Of Louisiana Through The Louisiana Department Of Public Safety And Corrections Elayn Hunt Correctional Center, Master Sergeant Jimmie Holloway, Louisiana State Penitentiary, And Office Of Ri

Supreme Court of Louisiana
January 12, 2021
Clerk of Court
For the Court
The Supreme Court of the State of Louisiana
NORMAN MCQUIRTER, BRANNON MASTOS,
AND JEROME TUBBS
VS.
STATE OF LOUISIANA THROUGH THE
LOUISIANA DEPARTMENT OF PUBLIC
SAFETY AND
CORRECTIONS ELAYN HUNT
CORRECTIONAL CENTER, MASTER
SERGEANT JIMMIE HOLLOWAY,
LOUISIANA STATE PENITENTIARY, AND
OFFICE OF RISK MANAGEMENT
No.2020-C-01192
_ _
_ _ _ _
I
N RE: Louisiana Department of Public Safety & Corrections - Applicant
Defendant; Master Sergeant Jimmie Holloway - Applicant Defendant; Louisiana
State Penitentiary, and Office of Risk Management - Applicant Defendant; Applying
For Writ Of Certiorari, Parish of Iberville, 18th Judicial District Court Number(s)
76,582, 1st Circuit Court of Appeal, Number(s) 2019 CA 1566 & 2019 CW 0273;
_ _ _ _ _ _
January 12, 2021
Writ application granted. See per curiam.
Hughes, J., would grant in part and assigns reasons.
Genovese, J., dissents.
Griffin, J., dissents.
WJC
JLW
JDH
SJC
JBM
01/12/2021 “See News Release 001 for any Concurrences and/or Dissents.”

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01/12/21
S
UPREME COURT OF LOUISIANA
NO. 2020-C-01192
NORMAN MCQUIRTER, ET AL.
VERSUS
LOUISIANA DEPARTMENT OF PUBLIC SAFETY & CORRECTIONS,
ET AL.
APPL
YING FOR SUPERVISORY WRIT TO
THE FIRST CIRCUIT COURT OF APPEAL
PE
R CURIAM
W
RIT GRANTED. In August 2016, the Governor declared a state of
emergency because Louisiana was impacted by flooding. In an effort to combat
flooding, Master Sergeant Jimmie Holloway, an employee of Elayn Hunt
Correctional Center, was directed to supervise a group of inmates engaged in
sandbagging efforts. The inmates loaded sandbags into a state-owned pick-up truck
driven by Holloway, and Holloway transported them to various spots for the inmates
to stack the sandbags. Holloway was transporting Norman McQuirter, Brannon
Mastos, and Jerome Tubbs with a load of sandbags in dark, rainy conditions, when
he hit a water-filled hole in the roadway. The vehicle tilted onto its side and took on
water, allegedly causing injury to inmates McQuirter, Mastos, and Tubbs.
Plaintiffs sued Holloway and the Louisiana Department of Public Safety and
Corrections (DPSC). Holloway and the DPSC claimed immunity pursuant to La.
R.S. 29:735(A)(1) and moved for summary judgment. Pursuant to this statute, the
State, its agencies, and political subdivision s are granted immunity for injury or
death resulting from emergency preparedness activities. Representatives and

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employees of the State, its agencies, or political subdivisions are also immune except
if they engage in willful misconduct.
We find Holloway a nd the DPSC immune from liability pursuant to this
statute. At the time of the accident, Louisiana was under a declare d state of
emergency and the DPSC was engaged in eme rgency preparedness activities.
Additionally, Holloway did not engage in willful misconduct. Plaintiffs allege
willful misconduct by Holloway overloading the truck with sandbags, struggling to
maintain control of the vehicle, looking at his phone while driving, and wearing
sunglasses.
“The terms ‘willful’, ‘wanton’, and ‘reckless’ have been applied to that degree
of fault which lies between intent to do wrong, and the mere reasonable risk of harm
involved in ordinary negligence. These terms apply to conduct which is still merely
negligent, rather than actually intended to do harm, but which is so far from a proper
state of mind that it is treated in many respects as if harm was intended.” Koonce v.
St. Paul Fire & Marine Ins. Co, 2015-31 (La. App. 3 Cir. 8/5/15), 172 So. 3d 1101,
1106; citing Cates v. Beauregard Electric Cooperative , Inc., 316 So. 2d 907, 916
(La. App. 3 Cir. 1975), aff’d, 328 So. 2d 367 (La. 1976). Only the most egregious
conduct by agents, employees, or representatives of public agencies that exhibits an
active desire to cause ha rm, or a callous indifference to the risk of potential harm
from flagrantly bad cond uct, will rise to the level of willful misconduct. Haab v.
East Bank Consol. Special Service Fire Protection Dist. of Jefferson Parish, 13-954
(La. App. 5 Cir. 5/28/14), 139 So. 3d 1174, 1182.
Plaintiffs’ allegations that Holloway wore sunglasses, overloaded the
sandbags, struggled to maintain control of the vehicle, and looked at his phone while
driving constitute ordinary negligence, but do not, as a matter of law, rise to willful
misconduct. The trial court properly granted the DPSC’s motion for summary

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judgment, but erred in denying summary judgment as to Holloway. The court of
appeal erred in denying summary judgment as to both defendants. For these reasons,
we reverse the court of appeal’s judgment and remand to the trial court for ruling s
consistent with this opinion.