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Clark v. State11/12/2003
AFFIRMED
Plaintiff, Ronnie G. Clark, appeals an adverse judgment of the trial court in this personal injury suit against the State of Louisiana, through the Department of Public Safety and Corrections (D.P.S.&C;), and the Louisiana State Police (L.S.P.), as well as two Louisiana State Police Officers individually, and various insurance companies. Mr. Clark was seriously injured when he was shot by State Troopers as he tried to run a roadblock set up to stop him on Interstate-10 in St. Charles Parish on March 19, 1994.
Defendants, D.P.S.&C;, L.S.P., and both State Troopers, Sergeant William Dorris and Lieutenant Michael Sunseri, filed answers in which they asserted siX affirmative defenses including qualified immunity, comparative fault, self-defense and, defense of others. Charity Hospital and Medical Center of Louisiana at New Orleans (Charity), filed a petition of intervention seeking to recover $21,475.16 in medical services and supplies rendered to plaintiff.
For several years the parties conducted extensive discovery that included expert reviews and analysis of the incident. A nine-day trial on the merits was conducted in October 2002, after which the trial court took the matter under consideration. On November 8, 2002, a judgment, with extensive reasons supporting it, was rendered by the trial court. In the judgment the trial court found in favor of the defendants, and dismissed the plaintiff's action with prejudice. It is from that judgment that plaintiff appeals.
In brief to this court, plaintiff assigns two errors that assert errors in findings of law and of fact. Plaintiff first argues that the trial court erred in applying the aggressor doctrine to bar recovery by Ronnie Clark. In the second assignment, he argues that the trial court "failed to consider whether it was objectively reasonable for Lt. Sunseri to fear for his life at the time he fired the shot which struck Ronnie Clark in the back." Because findings of fact support findings of law, we will review the assignment as to the findings of fact first.
This is an extensive record. There are volumes of testimony, expert witness reports and documentation offered by both parties. However, the general facts that are not in dispute are that plaintiff, Ronnie Clark, was riding a motorcycle at a high rate of speed eastbound on I-10 through St. Charles Parish. He was observed by Louisiana State Trooper Terrence Freese. Trooper Freese clocked Mr. Clark traveling at speeds of up to 120 MPH. The Trooper activated his emergency lights and sirens and pursued Mr. Clark in an attempt to stop the vehicle. Mr. Clark spotted the State Trooper, but did not stop or slow down. During the pursuit, Trooper Freese observed a handgun tucked into the back of Mr. Clark's belt. Believing that the motorcyclist would use the weapon, Trooper Freese pulled to a safe distance behind the motorcycle. Trooper Freese broadcast his observations to other officers in the area to get help in the arrest and to warn that the motorcyclist was armed. A second trooper, Richard Reggio, joined in the chase and observed Mr. Clark traveling at a high rate of speed in the center of the two-lane highway, forcing motorists off the roadway.
Two other troopers, Lieutenant Michael Sunseri and Sergeant William Dorris, who were in separate cars heard the broadcast and teamed up to set up a road block at the intersection of I-10 and I-610 to stop the armed motorcyclist. Traffic was stopped and the two marked vehicles were parked in the roadway, leaving only the north shoulder of the roadway passable. Sgt. Dorris armed himself with a 9mm automatic pistol, and positioned himself in the center of the right lane of the roadway
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