Barker v. City of New Orleans

GULOTTA, Judge.

The City of New Orleans appeals from a trial judge’s award of $544,101.191 to a plaintiff, a college student, who suffered a gunshot wound to his upper right thigh when struck by a stray bullet from a policeman’s pistol. Because the City stipulates that it was solely liable under the doctrine of respondeat superior, the sole issue is quantum. We conclude that the amount awarded is excessive, and reduce the award to the sum of $84,101.19.

On March 1, 1981, while watching the Bacchus carnival parade on Canal Street, John Barker was accidentally struck in his upper right thigh by a…