Cooley v. Acadian Ambulance
65 So. 3d 192
La. Ct. App.2011Background
- Siblings of decedents Embry and Hingle sue St. Bernard Parish Government and insurers after Embry and Hingle drowned during Hurricane Katrina.
- Plaintiffs allege negligence in evacuation and failure to operate ambulance services; later add AAIC as insurer for St. Bernard.
- Parish moved for summary judgment asserting immunity under La. Rev. Stat. 29:735 for emergency preparedness activities.
- Trial court granted partial summary judgment for immunity for actions post-emergency declaration; other issues reserved.
- On appeal, court held immunity applies to emergency preparedness regardless of formal emergency declaration and affirmed judgment.
- Discovery and multiple rounds of summary judgment motions occurred, with issues about willful misconduct and pre-declaration acts being disputed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether immunity under 29:735 applies to emergency preparedness. | Plaintiffs argue immunity not triggered without proper emergency declaration. | St. Bernard asserts immunity applies to emergency preparations; no willful misconduct shown. | Immunity applies; no willful misconduct shown. |
| Whether an emergency declaration is required for immunity to apply. | Declaration required by statute is lacking for parish. | Declaration not necessary; emergency exists and immune acts apply. | Declaration not required; immunity still applies. |
| Whether pre-declaration acts can be protected by immunity. | Pre-declaration acts were negligent timing; not immune. | Emergency preparedness immunity covers pre-declaration actions in this context. | Immunity extends to actions before declaration when tied to emergency preparedness. |
| Whether the parish had a non-delegable duty to evacuate special needs citizens. | Parish had non-delegable duty to evacuate. | No statutorily mandated non-delegable duty; contracting with ambulance providers allowed. | No non-delegable duty; immunity remains. |
Key Cases Cited
- Freeman v. State of Louisiana, 982 So.2d 903 (La.App. 4 Cir. 2008) (emergency immunity complete; willful misconduct required for liability over state)
- Hontex Enterprises, Inc. v. City of Westwego, 833 So.2d 1234 (La.App. 5 Cir. 2002) (emergency declaration not needed for immunity in certain emergencies)
- Castille v. Lafayette City-Parish Consolidated Government, 896 So.2d 1261 (La.App. 3 Cir. 2005) (immunity for injuries during emergency response; local government protected)
- Clement v. Reeves, 935 So.2d 279 (La.App. 3 Cir. 2006) (declaration length not sole determinant; ongoing emergency condition matters)