Haab v. East Bank Consolidated Special Service Fire Protection District of Jefferson Parish
139 So. 3d 1174
La. Ct. App.2014Background
- Hurricane Gustav struck southeast Louisiana on Sept. 1, 2008; Haabs rented a Jefferson Parish house.
- Parish declared an emergency Aug. 30, 2008; evacuation and 24-hour curfew were issued.
- A fallen tree branch caused a fire at the Haabs’ residence; Haabs were not home due to evacuation.
- Plan prohibited fire unit responses when sustained winds reached 50 mph; several officials urged response.
- Firefighters were limited by wind risk; fire extinguished after noon, house total loss.
- Plaintiffs sued the Parish, departments, and employees for losses; trial court granted summary judgment based on HSA and DIS immunity; Haabs appeal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether HSA immunity covers Plan activation and response. | Haabs argue immunity does not apply to activation/response. | Parish argues immunity applies to activation/response. | Yes, immunity covers activation/response. |
| Whether HSA immunity extends to formulation/adoption/review of the Plan. | Haabs contend immunity should cover planning steps. | Parish contends no immunity for pre-event planning. | No; formulation/adoption/review fall outside HSA immunity and are governed by DIS. |
| Whether DIS provides discretionary immunity for policymaking/discretionary acts. | Haabs contend DIS may not shield discretionary acts. | Parish relies on DIS to immunize discretionary acts. | DIS provides qualified immunity unless misconduct proven. |
| Whether there is a genuine issue of material fact on willful/criminal misconduct. | Constable Civello affidavit creates factual dispute. | Record shows no extreme misconduct; facts support summary judgment. | No genuine issue; conduct not shown to meet willful/criminal standards. |
Key Cases Cited
- Banks v. Parish of Jefferson, 990 So.2d 26 (La. App. 5 Cir. 2008) (immunity limited to specific emergencies; not for general planning)
- Independent Fire Ins. Co. v. Sunbeam Corp., 755 So.2d 226 (La. 2000) (expert evidence at summary judgment; genuine issue if admissible)
- Cates v. Beauregard Electric Cooperative, Inc., 316 So.2d 907 (La. App. 3 Cir.1975) (willful/wanton/reckless fault described; extreme conduct needed)
- Favre v. Boh Bros. Const., L.L.C., 90 So.3d 481 (La. App. 5 Cir. 2012) (discretionary-immunity question is factual; trial determination)
- Chaney v. National Railroad Passenger Corp., 583 So.2d 926 (La. App. 1st Cir.1991) (discretionary-immunity and policy/operational decisions often factual)
- Murphy Cormier General Contractor, Inc. v. State, 114 So.3d 567 (La. App. 3 Cir. 2013) (trier of fact determines immunity eligibility)
- Chicago Property Interests, L.L.C. v. Broussard, 9 So.3d 150 (La. App. 5 Cir. 2009) (emergency-preparedness immunity context in Katrina-related planning)