Louisiana Personal Injury Lawyer Blog
Imagine being wrongfully arrested and seeking justice for the harm caused. This was the situation for Joe Bridges III, Jordan M. Bridges, and Branden J. Herring, who filed a lawsuit for damages after an arrest on July 30, 2011. The plaintiffs initiated the lawsuit by filing a petition for damages on July 20, 2012. The defendants named in the petition included the Baton Rouge Police Department, the City of Baton Rouge, and several individual police officers.
The plaintiffs alleged their arrests were unjustified and had caused them harm, leading them to seek compensation for the damages incurred. They claimed the actions of the defendants, including the individual police officers, were responsible for their wrongful arrest and subsequent suffering.
In considering the appeal, the court had to apply the relevant rules and statutes. Of particular significance was La. C.C.P. art. 561. This article outlines the concept of abandonment and specifies the conditions under which a case may be dismissed. It requires parties to take steps in the prosecution or defense of an action within a three-year period to avoid abandonment. Clark v. State Farm Mutual Automobile Insurance Company, 00-3010, pp. 5-6 (La. 5/15/01), 785 So. 2d 779, 784.
The court carefully examined the evidence and arguments presented during the appeal. The plaintiffs contended they had taken steps to pursue the case by serving discovery requests on the defendants. However, the trial court had dismissed their claims, stating they failed to provide sufficient evidence to authenticate the service of the discovery requests.
The appellate court, applying the manifest error standard of review, assessed the evidence before them. They noted that a photocopy of a certificate of service, unsupported by testimony or proper authentication, was insufficient to prove the discovery requests had been served on all parties. Nevertheless, they considered the uncontroverted testimony of the plaintiffs’ co-counsel, Stephanie Bridges, who affirmed the discovery requests were indeed sent to the defendants’ former counsel.
Based on their interpretation of La. C.C.P. art. 561, which favors maintaining a plaintiff’s suit, the appellate court concluded the trial court had made a manifest error in its judgment. They determined the plaintiffs had presented supporting testimony regarding the service of discovery requests, leading them to reverse the trial court’s decision. The case was remanded for further proceedings.
This case serves as a poignant reminder of the importance of effective communication, proper documentation, and timely presentation of evidence in legal proceedings. In this particular instance, the plaintiffs were able to successfully challenge the dismissal of their case through an appeal, underscoring the significance of preserving an individual’s right to have their case heard in court. As the wheels of justice continue to turn, it remains crucial for all parties involved to ensure that steps taken in the prosecution or defense of a case are properly documented, authenticated, and supported by evidence, in order to avoid misunderstandings and adverse outcomes.
Additional Source: JOE L. BRIDGES, III, et. al., v. BATON ROUGE POLICE DEPARTMENT, et. al.
Written by Berniard Law Firm Blog Writer: Juliana Greco
Additional Berniard Law Firm Article on Louisiana Litigation Cases: 5th Circuit Affirms Dismissal of Claims of Excessive Force and Unlawful Arrest