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Moran v. State6/3/1998
97-1464 (La.App. 3 Cir. 6/3/98)
CONRAD MORAN, ET AL., PLAINTIFFS-APPELLEES v. STATE OF LOUISIANA, THROUGH THE DEPARTMENT OF HEALTH AND HOSPITALS, ET AL., DEFENDANTS-APPELLANTS.
APPEAL FROM TWENTY-SEVENTH JUDICIAL DISTRICT COURT, PARISH OF ST. LANDRY, NOS. 90-C-0992, 90-C-2646-D, STATE OF LOUISIANA, HONORABLE AARON FRANK McGEE, J.
The plaintiffs in this matter filed suit in order to recover for damages stemming from an August 1989 automobile accident. The plaintiffs allege that the various defendant state agencies are liable for these damages because the driver of the vehicle in which the plaintiffs were injured was a minor and, according to the plaintiffs' argument, should have been in the State's custody and, therefore, under the State's control. The plaintiffs maintain that, but for the State's inadequate control or supervision of the minor driver, the accident would not have occurred. The trial court found that the State was liable pursuant to a negligence theory of recovery. The State now appeals.
Facts and Procedural History
The record in this matter indicates that an automobile accident occurred on the night of August 18, 1989 in St. Landry Parish, Louisiana. The driver of the single-car involved in the accident was Andrew Joseph Oubre (A.J.), who was sixteen years of age at the time of the accident. The evidence and testimony presented in the lower court reveals that A.J. had a troubled past and, previous to the accident, had been in the custody of the Office of Community Services (State). However, despite the State's various placements of A.J. and repeated attempts at treatment, A.J. continued to run away from these State placements and did so for a final time in February 1989.
During this final period, at which time A.J. was on runaway status, the State petitioned the court for an order releasing A.J. from the State's custody and care. The court exercising jurisdiction over the juvenile matter granted the requested release on March 16, 1989. As previously stated, the accident at issue occurred in August, several months after the court-ordered release. According to testimony given at the trial, A.J. was living with Blaine Bertrand, a deputy with the St. Landry Sheriff's Department, at the time of the accident.
On the night of August 18, 1989, A.J. was driving Bertrand's vehicle, and according to the record, picked up a friend, Scott Leger, so that the boys might spend the night driving around the area in the vehicle. Later that evening, they picked up Conrad Moran and Joey Leger and continued to ride around. At trial, Moran testified that A.J. began driving at a high rate of speed and that the accident occurred after A.J. lost control of the vehicle. The occupants were thrown from the vehicle and were injured.
Following the accident, Moran filed suit as did Becky Daigle, who filed individually and on behalf of her son, Scott Leger, in order to recover for the injuries received from the automobile accident. The plaintiffs filed suit against A.J. Oubre, Blaine Bertrand, Bertrand's insurer, and the State of Louisiana (State) through the Department of Health and Human Services, Office of Community Services and Carol Sorich, a director with the Office of Community Services. In their petition, the plaintiffs alleged that the State was liable for A.J.'s negligence as he was an unemancipated minor and, further, for their negligent supervision of A.J. In particular, the plaintiffs alleged as follows:
Upon information and belief it is alleged that when the defendants, State and Carol Sorich, sought a release of custody of defendant, Andrew Joseph Oubre, said defendants did not make provisions
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