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Freeman v. Tate6/4/2003
rd which we will apply.
Louisiana Revised Statute 32:24 states, in pertinent part:
A. The driver of an authorized emergency vehicle, when responding to an emergency call, or when in the pursuit of an actual or suspected violator of the law, or when responding to, but not upon returning from, a fire alarm, may exercise the privileges set forth in this Section, but subject to the conditions herein stated.
B. The driver of an authorized emergency vehicle may:
(1) Park or stand, irrespective of the provisions of this Chapter; . . . .
C. The exceptions herein granted to an authorized emergency vehicle shall apply only when such vehicle is making use of audible or visual signals sufficient to warn motorists of their approach, except that a police vehicle need not be equipped with or display a red light visible from in front of the vehicle.
The Louisiana Supreme Court recently addressed the standard of care to be applied to an emergency vehicle driver who qualifies under the provisions of La.R.S. 32:24(A) through (C) in Lenard v. Dilley, 01-1522, pp.6-7 (La. 1/15/02), 805 So.2d 175,180.
La.Rev.Stat. 32:24(D) sets out two standards of care for an emergency vehicle driver depending on the circumstances of the case. If, and only if, an emergency vehicle driver's actions fit into subsections A, B and C of La.Rev.Stat. 32:24, will an emergency vehicle driver be held liable only for actions which constitute reckless disregard for the safety of others. On the other hand, if the emergency vehicle driver's conduct does not fit subsections A, B and C of La.Rev.Stat. 32:24, such driver's actions will be gauged by a standard of "due care."
"Due care" is synonymous with ordinary negligence. "Reckless disregard," however, connotes conduct more severe than negligent behavior. "Reckless disregard" is, in effect, "gross negligence." Gross negligence has been defined by this court as "the want of even slight care and diligence. It is the want of that diligence which even careless men are accustomed to exercise." State v. Vinzant, 200 La. 301, 7 So.2d 917 (1942). "Reckless disregard" or "gross negligence" is the standard to be applied if the emergency vehicle driver's actions fit La.Rev.Stat. 32:24(A) through La.Rev.Stat. 32:24(C). Otherwise, the standard is ordinary negligence.
Thus, if the provisions of subsections A, B and C of La.Rev.Stat. 32:24 apply to the accident or incident in question, then the driver will be held liable only for his conduct which constitutes reckless disregard for the safety of others.
The deputies, in investigating whether either Freeman or his cousin was potentially the wanted escapee, were clearly in pursuit of a suspected violator of the law. It is undisputed that the deputies activated their overhead lights and flashing headlights, in compliance with subsection C. Therefore, under subsection B(1), the deputies were able to park their vehicle in violation of the ordinary rules of the traffic code. Because the deputies had met the requirements of subsections A, B, and C of La.R.S. 32:24, they can be held liable only for conduct that constituted reckless disregard for the safety of others.
We find that their conduct did not constitute gross negligence. The officers were investigating whether either Freeman or his cousin was the jail escapee. They pulled their cruiser as close to the men as possible to avoid further escape if the men fled. The road in question had a very small shoulder, preventing the deputies from pulling completely off the road. They engaged their flashing lights, as required by La.R.S. 32:24. The position of the police car did not constitute gros
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