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Scott v. City of Shreveport

Court of Appeal of Louisiana, Second Circuit

June 24, 2015

JESSIE SCOTT, JR. AND, PATRICIA SCOTT, Plaintiffs-Appellants
v.
CITY OF SHREVEPORT, Defendant-Appellee

Appealed from the First Judicial District Court for the Parish of Caddo, Louisiana. Trial Court No. 553028. Honorable Ramon Lafitte, Judge.

SANGBAHN Y. SCERE, Counsel for Appellants.

BARHAM, WARNER, STROUD, LLC, By: Nichole M. Buckle, Counsel for Appellee.

Before BROWN, LOLLEY and PITMAN, JJ.

OPINION

Page 771

[49,944 La.App. 2 Cir. 1] LOLLEY, J.

Jessie Scott, Jr., and Patricia Scott appeal a judgment by the First Judicial District Court, Parish of Caddo, State of Louisiana, granting a motion for summary judgment by the City of Shreveport (the " City" ). For the following reasons, we affirm the trial court's judgment.

Facts

In the late afternoon of April 13, 2011, Officer J. M. Bassett of the Shreveport Police Department was patrolling E. 72nd Street in Shreveport, Louisiana. He heard some loud music and determined that it was coming from a motorcycle parked at 251 E. 72nd. A large man, Jessie Scott, was dancing in the yard and working on his truck. Officer Bassett attempted to make contact with the man, who according to the officer, became hostile. The situation escalated, and Off. Bassett employed his Taser stun gun on Jessie, who fell to the ground. Jessie was handcuffed, placed into custody, and transported to the police station, where he complained of chest pain. The Shreveport Fire Department was summoned. After an examination, Jessie was taken to Louisiana State University Health Sciences Center (" LSUHSC" ), where it was determined he was having a heart attack, and a heart catherization was performed.

Subsequently, Jessie and his wife, Patricia, filed suit against the City, claiming that it acted negligently and " [a]s a result of the prolonged tasing . . . by Shreveport City Police officers, Mr. Scott suffered a heart attack." Jessie sought compensatory damages for past and future medical expenses, past and future pain and suffering, and mental anguish. Patricia sought to recover damages for her loss of consortium.

[49,944 La.App. 2 Cir. 2] In response, the City filed a motion for summary judgment, arguing that the Scotts failed to present any medical evidence showing a causal link between Jessie's being tased by Off. Bassett and his subsequent heart attack. The trial court granted the City's motion for summary judgment, dismissing the Scotts' claims. This appeal ensued.

Discussion

On appeal, the Scotts urge that the trial court erred in granting summary judgment in favor of the City. The Scotts maintain that there exist material issues of fact that should preclude the grant of summary judgment in this case. According to the Scotts, whether Jessie's heart attack was caused by the use of the Taser is a factual determination for the fact finder. The Scotts claim that a physician testified regarding Jessie's heart condition prior to ...


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