190 So. 3d 400
La. Ct. App.2016Background
- July 9, 2002: Passenger Channelda Rivarde died in a collision at N. Rocheblave St. & A.P. Tureaud Blvd. after fleeing-felon Gerald Nickles ran a stop sign while being pursued by NOPD officers. Nickles later pled to manslaughter.
- Plaintiffs: Kenneth Rivarde (individually and as tutor for minor children) sued the City of New Orleans for wrongful death and survival on June 6, 2003, alleging NOPD pursuit caused the fatal crash.
- Case delays: Litigation was protracted (Hurricane Katrina, missing witnesses/documents, multiple city attorneys, judge reassignments) over a decade before resolution efforts resumed.
- Procedural posture: City moved for summary judgment on Nov 7, 2014; hearing held Feb 6, 2015. Trial and discovery deadlines were later reset (discovery cut-off extended to April 16, 2015). District court granted summary judgment but its judgment lacked decretal language; the appellate court converted the appeal into a supervisory writ.
- Plaintiffs relied primarily on a single eyewitness affidavit (Bobby Parker) to oppose summary judgment; the City submitted NOPD reports and officer affidavits denying a high-speed police chase caused the collision.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the court abused discretion by hearing/deciding summary judgment before discovery deadline | Rivarde: hearing was premature; more than two months remained to conduct discovery and take depositions | City: motion filed when case had been pending >10 years; discovery largely completed and trial was set when motion was filed | No abuse of discretion; court properly considered SJ under La. C.C.P. art. 966(C) |
| Whether summary judgment was premature under art. 966(C)(1) and art. 967(C) because plaintiffs needed more time for essential affidavits/depositions | Rivarde: needed continuance to obtain affidavits/depositions to show genuine issues (e.g., whether NOPD engaged in high-speed chase) | City: plaintiffs had long opportunity and did not show probable injustice or specific additional evidence obtainable | Denied; plaintiffs had ample time and did not show prejudice or likely discoverable facts that would create a genuine issue |
| Whether genuine issue of material fact existed that NOPD breached duty by engaging in a high-speed chase causing death | Rivarde: officer affidavits plus Parker affidavit permit reasonable inference of a high-speed chase | City: records and officer affidavits show pursuit but no evidence of a police high-speed chase causing collision | No genuine issue: Parker affidavit was vague/deficient and insufficient to overcome City's evidence; SJ affirmed |
| Whether the district court's judgment was appealable despite lacking decretal language | Rivarde: timely appealed within 30 days | City: not argued on this point | Appellate court converted appeal to writ application because judgment lacked decretal language; writ granted but relief denied |
Key Cases Cited
- Newsome v. Homer Mem'l Med. Ctr., 32 So.3d 800 (La. 2010) (abuse-of-discretion review of hearing summary judgment when discovery incomplete)
- Willis v. Medders, 775 So.2d 1049 (La. 2000) (inferences drawn against movant; opponent’s evidence construed favorably)
- Simoneaux v. E.I. du Pont de Nemours & Co., 483 So.2d 908 (La. 1986) (summary judgment need not be delayed absent probable injustice)
- Davis v. Riverside Court Condo. Ass’n Phase II, Inc., 154 So.3d 643 (La. App. 4th Cir. 2014) (no requirement to delay SJ until completion of discovery if parties had fair opportunity)
- Supreme Servs. & Specialty Co., Inc. v. Sonny Greer, Inc., 958 So.2d 634 (La. 2007) (de novo appellate review standard for summary judgment)