Washington v. OneBeacon Am. Ins. Co., 262 So. 3d 887 (2019)

Jan. 28, 2019 · Louisiana Supreme Court · No. 2018-C-1967
262 So. 3d 887
Karonda WASHINGTON, Lateisha Atkinson on Behalf of Her Minor Child Ja'Myah Bass and Tashell Jones on Behalf of Her Minor Child, Ezekiel Blakes v. ONEBEACON AMERICA INSURANCE COMPANY, Sid Gautreaux, East Baton Rouge Parish Sheriff, Tyler Comeaux, GoAuto Insurance Company and Shankeyshia Jones

Karonda WASHINGTON, Lateisha Atkinson on Behalf of Her Minor Child Ja'Myah Bass and Tashell Jones on Behalf of Her Minor Child, Ezekiel Blakes
v.
ONEBEACON AMERICA INSURANCE COMPANY, Sid Gautreaux, East Baton Rouge Parish Sheriff, Tyler Comeaux, GoAuto Insurance Company and Shankeyshia Jones

No. 2018-C-1967

Supreme Court of Louisiana.

January 28, 2019

ON WRIT OF CERTIORARI TO THE COURT OF APPEAL, FIRST CIRCUIT, PARISH OF EAST BATON ROUGE

Writ denied.

WEIMER, J., would grant.

HUGHES, J., would grant.

CRICHTON, J., would grant and docket and assigns reasons.

CRICHTON, J., would grant and docket and assigns reasons:

With emergency lights and sirens engaged, defendant Deputy Comeaux was responding to a call regarding "a disturbance with a weapon ... with an individual inside of a house with a gun". Washington v. OneBeacon Am. Ins. Co. , 18-0248, p.2 (La. App. 1 Cir. 11/2/18), --- So. 3d ----, 2018 WL 5732437. There was screaming in the background of the call, further evidencing a potential loss of life and a need for immediate law enforcement attention. Id. The lower courts' finding that the officer acted with reckless disregard in his pursuit raises policy concerns that warrant scrutiny by this Court; accordingly, I would grant and docket this case.