50301 Precedential Processed

Barlow v. City of New Orleans

Louisiana Supreme Court · Filed November 9, 1970 · 241 So. 2d 501

Also decided on this docket: La., January 20, 1970 230 So. 2d 90

Cited by

Ferris Bonnet v. Lafayette Parish Sheriff La. Ct. App. 3d Cir. 2009
Bonnet v. Lafayette Parish Sheriff 2 So. 3d 1280 La. Ct. App. 1st Cir. 2009
HANEGAN v. Litchfield 973 So. 2d 180 La. Ct. App. 1st Cir. 2007
Manuel v. City of Jeanerette 702 So. 2d 709 La. Ct. App. 3d Cir. 1997
Brown v. Lee 639 So. 2d 897 La. Ct. App. 5th Cir. 1994
Fruge v. City of New Orleans 613 So. 2d 811 La. Ct. App. 4th Cir. 1993
Evans v. Hawley 559 So. 2d 500 La. Ct. App. 2d Cir. 1990
Gibbs v. State ex rel. Department of Public Safety 524 So. 2d 817 La. Ct. App. 1st Cir. 1988
Langford v. City of Leesville 442 So. 2d 1375 La. Ct. App. 3d Cir. 1983
Abraham v. Maes 430 So. 2d 1099 La. Ct. App. 4th Cir. 1983
Burns v. Town of Leesville 383 So. 2d 109 La. Ct. App. 3d Cir. 1980
Gordon v. City of New Orleans 363 So. 2d 235 La. Ct. App. 4th Cir. 1978

Opinion text

SUMMERS, Justice (dissenting). Because they were only to be away for a “few” minutes, I believe the duty of care owed by these police officers to this “docile” plaintiff was properly discharged by locking him in the rear of the police car, the inside of which they observed at that time to be free of any object which could cause plaintiff harm. It has not been suggested what more they could do and, under these circumstances, it is not indicated that a reasonable attitude would require police officers to remain with the plaintiff at all times. . Nor am I willing to accept plaintiff’s testimony that he did not light matches which caused the fire. His denial that- he did so indicates to me that he was capable of doing so. The presence of burned or spent matches on the floor of the car after the fire and the uncontested proof that there were no electrical defects or other failings in the car which could cause the fire, satisfy me that plaintiff has no.t properly refuted the charge of contributory negligence. I respectfully dissent.