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Perry v. City of Bogalusa12/28/2001
any knowledge of the marijuana and said he did not know the identity of his passenger. Mingo was eventually charged with flight from an officer, aggravated flight from an officer, running three stop signs, simple possession of marijuana, and operating a vehicle without a license.
Based on these depositions, we are satisfied that the City and Agnew established that there was an absence of factual support for Perry's claims that the police officer pursuing Mingo was negligent or reckless and that it was this pursuit that caused Mingo to lose control of the car and hit Perry's house. At this point, the burden shifted to Perry to produce factual support sufficient to establish that he would be able to satisfy his evidentiary burden at trial.
Perry supported his opposition to the motion with his own "affidavit," and several attachments. However, this evidence is deficient in more respects than we care to describe. By way of illustration, we point out that on his affidavit, Perry notarized his own signature; the affidavit included considerable hearsay concerning conversations that supposedly took place between Mingo and a tow truck operator and between Mingo and his attorney the day following the incident; the affidavit also contained a description of the pursuit, which Perry did not witness and concerning which he had no personal knowledge; attachments to the affidavit included drawings prepared and notarized by Perry, damage estimates prepared by Perry, and newspaper articles concerning alleged police misconduct involving officers other than Helton or any of the named defendants, also notarized as "true copies" by Perry; and finally, the affidavit contained wholly irrelevant allegations that Helton and the other officers "planted" the marijuana in Mingo's car.
Even if any of this were admissible, nothing in the affidavit or attachments establishes that Perry would be able to satisfy his evidentiary burden at trial that Helton was negligent or that his actions caused Mingo's car to hit the house. Failing that, there is no genuine issue of material fact, and the City's and Agnew's administrative or supervisory negligence, if any, is irrelevant. The trial court was correct in granting the motion for summary judgment and dismissing Perry's claims against the City and Agnew.
CONCLUSION
The judgment is affirmed and all costs of this appeal are assessed against Perry. AFFIRMED.
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