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FOR IMMEDIATE NEWS RELEASE NEWS RELEASE # 48 FROM : CLERK OF SUPREME COURT OF LOUISIANA The Opinions handed down on the 2nd day of July, 2003, are as follows:

BY KNOLL, J.: 2002-C -3102 C/W 2002-C -3110 CLIFFORD DAVIS, JR., ET AL. v. CHARLES WITT, ET AL. (Parish of St. Martin) For the foregoing reasons, we reverse and set aside the judgment of the lower courts which found Sheriff Charles A. Fuselier, Sheriff of St. Martin Parish, liable and dismiss the plaintiffs' action against him. We further reverse the lower courts' order of a new trial and reinstate the jury's determination that the State of Louisiana, through the Department of Public Safety and Corrections, Office of State Police, was not liable. REVERSED AND RENDERED. JOHNSON, J., concurs in part, dissents in part and assigns reasons.

7/02/03

SUPREME COURT OF LOUISIANA NO. 02-C-3102 C/W 02-C-3110

CLIFFORD DAVIS, JR. ET AL. Versus

CHARLES WITT, ET AL.

ON WRITS OF CERTIORARI TO THE COURT OF APPEAL, THIRD CIRCUIT, PARISH OF ST. MARTIN, STATE OF LOUISIANA KNOLL, Justice. In this bifurcated trial for two wrongful deaths involving two public entities, one who requested a jury trial and one who invoked its right to a judge trial,1 we are called upon to address the duty of law enforcement personnel in a non-emergency roadway situation. Finding the sheriff's deputy acted reasonably under the facts presented in the case before us, we reverse the trial judge's findings of liability and dismiss the plaintiffs' action against Sheriff Charles A. Fuselier, Sheriff of St. Martin Parish (Sheriff's Office). With this determination, we find that the defendant truck driver's conduct was not foreseeable because his conduct was so reckless and unreasonable when, with full knowledge of the perils to the motoring public, he backed his tractortrailer with an unlighted, dangerous load across the highway at night. He was solely responsible for causing the accident as found by the jury. Additionally, finding no

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LA. REV. STAT. ANN.

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