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96-C-2897
State: Louisiana
Court: Supreme Court
Docket No: 96-C-2897
Case Date: 01/01/1997
Preview:SUPREME COURT OF LOUISIANA
No. 96-C-2897 MONICA STROIK v. WILBUR PONSETI, WARREN WOODFORK, THE CITY OF NEW ORLEANS, AND ROYAL INSURANCE COMPANY OF AMERICA

ON WRIT OF CERTIORARI TO THE COURT OF APPEAL, FOURTH CIRCUIT, PARISH OF ORLEANS

KIMBALL, Justice*
We granted certiorari in this case to review the negligence issue surrounding a police officer's actions in approaching and apprehending an armed and dangerous suspect, which ultimately led to the wounding of a hostage by a police officer. Because we find the officer's actions which led to plaintiff's injuries were reasonable under the circumstances, we reverse the court of appeal decision which affirmed the trial court's judgment in favor of the plaintiff.

FACTS AND PROCEDURAL HISTORY On October 27, 1989, Christopher Stroik and his sister Monica were the victims of a car jacking in the New Orleans French Quarter. The incident occurred as the two were preparing to enter a light blue Chevrolet Astro van. As Christopher opened the passenger-side door for his sister, two black men approached, one of whom brandished a gun, and ordered them both into the vehicle through the opened door.1 Once inside, the robbers directed Christopher to drive while they proceeded to take everything of apparent value from the Stroiks. Afterwards, the gunman instructed Christopher to stop the van and he took over the wheel. Christopher moved to the front passenger

*
1

Marcus, J., not on panel. See Rule IV, Part 2,
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