Officer Making U-Turn Chasing Criminal May be Immune if Not Done in Reckless Disregard for Safety of Others
Fact Finder Must Establish Basis for Immunity
Post 5236
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In Robert Young v. Officer John Doe et al. No. 2025 CA 0527 (La. App. 1st Cir. November 22, 2025) Robert Young sued Sid J. Gautreaux, III, in his official capacity as Sheriff of East Baton Rouge Parish (the “Sheriff”), and multiple insurance companies. The Sheriff’s Office and an unnamed deputy were not part of the summary-judgment ruling on appeal.
Procedural Posture
The trial court granted Sheriff’s motion for summary judgment, dismissed all claims against the Sheriff with prejudice, holding that La. R.S. 32:24 immunity applied and that Deputy Miller’s conduct did not rise to reckless disregard/gross negligence.
Key Facts
On July 19, 2019, Highway 19 Deputy Kevin Miller (EBR Sheriff’s Office) was responding to assist in a foot pursuit of fleeing suspects; his emergency lights were activated; sirens had been on earlier but were off at the moment of the collision. The Deputy said he was traveling northbound and began a U-turn after the suspect ran past him. Young says the deputy was parked/stationary on the northbound shoulder, then abruptly pulled out and executed a U-turn directly in front of him without warning.
Young was traveling northbound in the inside (left) northbound lane at normal or reduced speed. Deputy Miller initiated a U-turn into the southbound lanes to pursue/block the suspect; the front of Young’s vehicle struck the passenger side of the deputy’s Tahoe. Young suffered shoulder/neck injuries requiring surgery.
Controlling Statute: La. R.S. 32:24 (Emergency Vehicle Privileges)
Subsections A–C grant privileges to emergency vehicles responding to calls or in pursuit provided audible/visual signals are used sufficient to warn motorists.
These privileges do not relieve the driver of the duty of due regard for the safety of others and do not protect the driver from the consequences of reckless disregard for the safety of others. Emergency-vehicle drivers are liable only for reckless disregard (defined by Louisiana courts as gross negligence), not ordinary negligence.
Legal Standards Applied by the Court of Appeals
Statutory immunity under La. R.S. 32:24 is an affirmative defense. The governmental defendant bears the initial burden. Immunity statutes are strictly construed against the party claiming immunity.
On summary judgment, all factual inferences and doubts are resolved against the mover and in favor of trial on the merits. Summary judgment is rarely appropriate when reasonableness, state of mind, or degree of care (ordinary vs. gross negligence/reckless disregard) are at issue, because those determinations usually require weighing evidence and credibility assessments.
Genuine Issues of Material Fact Identified by the Appellate Court
The appellate court found multiple disputed material facts that precluded summary judgment:
1. Whether Deputy Miller was moving northbound (straddling lanes) or parked/stationary on the shoulder immediately before initiating the U-turn.
2. Whether adequate visual or audible signals were used immediately before/during the U-turn maneuver sufficient to warn northbound traffic.
3. Conflicting descriptions of the overall scene (location of suspects, other officers, traffic, etc.).
Because the disputes went to the heart of whether the statutory privileges were properly invoked, and whether the deputy’s conduct rose to reckless disregard/gross negligence, the court held that the Sheriff failed to carry his burden.
CONCLUSION
The appellate court reversed the trial court’s grant of summary judgment. The resolution was based upon Louisiana’s emergency-vehicle immunity under La. R.S. 32:24 is not absolute.
When material facts are disputed about the driver’s position, the adequacy of warnings, and the overall circumstances of an abrupt maneuver (here, a U-turn across traffic), summary judgment on the reckless-disregard/gross-negligence exception is improper. The case must go to a fact-finder (jury or judge) to determine whether the deputy’s actions amounted to reckless disregard for the safety of others.
ZALMA OPINION
The insurance issues will be determined by the findings of the trial court whether the deputy’s actions were reckless disregard for the safety of others. If so, he and the Sheriff’s office will be found liable and if not, they can be found immune and the insurers may not be required to indemnify the defendants.
(c) 2025 Barry Zalma & ClaimSchool, Inc.
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Convicted Criminal Seeks to Compel Receiver to Protect his Assets
Post number 5291
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The Work of a Court Appointed Receiver is Constitutionally Protected
In Simon Semaan et al. v. Robert P. Mosier et al., G064385, California Court of Appeals, Fourth District, Third Division (February 6, 2026) the Court of Appeals applied the California anti-SLAPP statute which protects defendants from meritless lawsuits arising from constitutionally protected activities, including those performed in official capacities. The court also considered the doctrine of quasi-judicial immunity, which shields court-appointed receivers from liability for discretionary acts performed within their official duties.
Facts
In September 2021, the State of California filed felony charges against Simon Semaan, alleging violations of Insurance Code section 11760(a) for making...
When There are Two Different Other Insurance Clauses They Eliminate Each Other and Both Insurers Owe Indemnity Equally
Post number 5289
In Great West Casualty Co. v. Nationwide Agribusiness Insurance Co., and Conserv FS, Inc., and Timothy A. Brennan, as Administrator of the Estate of Pat- rick J. Brennan, deceased, Nos. 24-1258, 24-1259, United States Court of Appeals, Seventh Circuit (February 11, 2026) the USCA was required to resolve a dispute that arose when a tractor-trailer operated by Robert D. Fisher (agent of Deerpass Farms Trucking, LLC-II) was involved in a side-impact collision with an SUV driven by Patrick J. Brennan, resulting in Brennan’s death.
Facts
Deerpass Trucking, an interstate motor carrier, leased the tractor from Deerpass Farms Services, LLC, and hauled cargo for Conserv FS, Inc. under a trailer interchange agreement. The tractor was insured by Great West Casualty Company with a $1 million policy limit, while the trailer was insured by Nationwide Agribusiness Insurance Company with a $2 million ...
Opiod Producer Seeks Indemnity from CGL Insurers
Post number 5288
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Insurers Exclude Damages Due to Insured’s Products
In Matthew Dundon, As The Trustee Of The Endo General Unsecured Creditors’ Trust v. ACE Property And Casualty Insurance Company, et al., Civil Action No. 24-4221, United States District Court, E.D. Pennsylvania (February 10, 2026) Matthew Dundon, trustee of the Endo General Unsecured Creditors’ Trust, sued multiple commercial general liability (CGL) insurers for coverage of opioid-related litigation involving Endo International PLC a pharmaceutical manufacturer.
KEY FACTS
Beginning as early as 2014, thousands of opioid suits were filed by governments, third parties, and individuals alleging harms tied to opioid manufacturing and marketing.
Bankruptcy & Settlements
Endo filed Chapter 11 in August 2022; before bankruptcy it ...
Passover for Americans
Posted on February 19, 2026 by Barry Zalma
“The Passover Seder For Americans”
For more than 3,000 years Jewish fathers have told the story of the Exodus of the enslaved Jews from Egypt. Telling the story has been required of all Jewish fathers. Americans, who have lived in North America for more than 300 years have become Americans and many have lost the ability to read, write and understand the Hebrew language in which the story of Passover was first told in the Torah. Passover is one of the many holidays Jewish People celebrate to help them remember the importance of G_d in their lives. We see the animals, the oceans, the rivers, the mountains, the rain, sun, the planets, the stars, and the people and wonder how did all these wonderful things come into being. Jews believe the force we call G_d created the entire universe and everything in it. Jews feel G_d is all seeing and knowing and although we can’t see Him, He is everywhere and in everyone.We understand...
Passover for Americans
Posted on February 19, 2026 by Barry Zalma
Read the full article at https://www.linkedin.com/pulse/passover-americans-barry-zalma-esq-cfe-5vgkc.
“The Passover Seder For Americans”
For more than 3,000 years Jewish fathers have told the story of the Exodus of the enslaved Jews from Egypt. Telling the story has been required of all Jewish fathers. Americans, who have lived in North America for more than 300 years have become Americans and many have lostthe ability to read, write and understand the Hebrew language in which the story of Passover was first told in the Torah.
Passover is one of the many holidays Jewish People celebrate to help them remember the importance of G_d in their lives. We see the animals, the oceans, the rivers, the mountains, the rain, sun, the planets, the stars, and the people and ...
You Get What You Pay For – Less Coverage Means Lower Premium
Post number 5275
Posted on January 30, 2026 by Barry Zalma
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When Experts for Both Sides Agree That Two Causes Concur to Cause a Wall to Collapse Exclusion Applies
In Lido Hospitality, Inc. v. AIX Specialty Insurance Company, No. 1-24-1465, 2026 IL App (1st) 241465-U, Court of Appeals of Illinois (January 27, 2026) resolved the effect of an anti-concurrent cause exclusion to a loss with more than one cause.
Facts and Background
Lido Hospitality, Inc. operates the Lido Motel in Franklin Park, Illinois. In November 2020, a windstorm caused one of the motel’s brick veneer walls to collapse. At the time, Lido was insured under a policy issued by AIX Specialty Insurance Company which provided coverage for windstorm damage. However, the policy contained an exclusion for any loss or damage directly or indirectly resulting from ...
