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Perry v. City of Bogalusa12/28/2001
Carter, J. concurs in the results.
Archie Perry appeals a judgment that granted a motion for summary judgment in favor of the City of Bogalusa and its police chief, Jerry Agnew, and dismissed his property damage and mental anguish claims against them. We affirm.
FACTUAL AND PROCEDURAL BACKGROUND
On February 4, 1998, suspecting a drug transaction had just taken place, a police officer in Bogalusa tried to pull over a vehicle driven by Arthur R. Mingo, Jr. Mingo stopped briefly, but when the officer got out of the police car, Mingo accelerated and tried to get away. With the officer in pursuit, Mingo was exceeding the speed limit and running stop signs for seven city blocks until he came to a "T" intersection at Second Avenue and East 9th Street. Archie Perry is the owner and occupant of a house that sits just off that intersection at 630 East 9th Street. As Mingo braked and tried to make a left turn, he lost control of the vehicle. It crashed into the front of Perry's house, causing damage to the chain link fence, gate, front sidewalk, front steps, and front wall of the house. Perry was in the house at the time of the accident, but was not physically injured.
Perry, an attorney, filed suit against Mingo; Grace Foster, Mingo's grandmother, who owned the car he was driving; Allstate Insurance Company (Allstate), Foster's insurer; the City of Bogalusa (the City); Police Chief Jerry Agnew; and Bogalusa city police officers "A," "B," "C," and "D." Perry sought damages for the property damage to his house and the "extreme mental anguish" he allegedly suffered when he heard and felt the impact and witnessed the police conduct following it. Perry alleged the accident was caused by a high speed automobile chase initiated by Officer "A" and participated in by the other officers, all of whom he claimed were negligent in taking this action. He asserted the City was negligent in hiring Agnew, who was negligent in failing to provide adequate training and standards for his officers. Perry also alleged Mingo's negligence in causing the accident and Foster's negligence in allowing her grandson to drive her car without proper instructions.
The City and Agnew filed answers and later filed a motion for summary judgment, supported by the petition, their answer, Mingo's deposition, and the deposition of Sergeant Charles Helton. Perry responded by filing an opposition supported by his own affidavit, along with various attachments, and asking for summary judgment in his favor. After a hearing, the trial court stated that it appeared the damage to Perry's property was caused by the negligence of Mingo, and found no negligence on behalf of the City or Agnew. The trial court granted the defendants' motion and dismissed Perry's claims against the City and Agnew. This appeal followed.
FINAL JUDGMENT
Of the five named defendants in the suit, the judgment appealed from dismissed Perry's claims only as to the City and Agnew, leaving the claims against Mingo, Foster, and Allstate unresolved. Therefore, when the appeal was lodged, this court issued a rule to show cause why the appeal should not be dismissed, on the grounds that the summary judgment in favor of the City and Agnew appeared to be a partial non-appealable judgment, rather than a partial final judgment, in accordance with Louisiana Code of Civil Procedure article 1915(B). The trial court allowed the City and Agnew to supplement the record with a certified copy of a dismissal showing Foster, Mingo, and Allstate had settled with Perry and had been dismissed from the suit. With this supplementation of the record, it is clear that all of the named defendants have been dismissed.
Howev
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