A recent court filing reveals a dramatic legal battle over an injury allegedly caused by a horse during a parade. Kimberly Uddo filed the complaint in the Civil District Court of Orleans Parish on August 19, 2017, against Marlin Gusman, the former Sheriff of Orleans Parish.
The case centers around an incident where Uddo claims she was injured by an OPSO (Orleans Parish Sheriff's Office) patrol horse named Justice. According to Uddo's petition, the horse, under the control of former Commander Kathleen Cure, backed into her during the Krewe of Oak parade, knocking her down and trampling her foot. The plaintiff accuses Commander Cure and OPSO of multiple acts of negligence: failing to keep the horse under proper control, not yielding to crowds in Palmer Park, not maintaining a lookout for people behind the horse as it backed up, riding in an unsafe manner given the circumstances, and generally failing to maintain control of their animal.
Uddo's legal team argues that these actions constitute negligence under Louisiana Civil Code articles 2321 and 2315. In response, OPSO filed a motion for summary judgment seeking dismissal of Uddo's claim on grounds that she could not meet her burden of proving negligence under La. C.C. article 2321 alone. However, after a hearing on October 9, 2023, Judge Lori Jupiter denied this motion for summary judgment.
The procedural history becomes more convoluted from here. The defendant filed multiple notices and motions for extensions regarding their intent to seek supervisory writs—a legal mechanism to review lower court decisions—culminating in a final application submitted on May 29, 2024. However, this application was deemed untimely based on procedural rules outlined in Rule 4-2 and Rule 4-3 of the Uniform Rules for Courts of Appeal.
The court noted that despite several extensions granted by Judge Jupiter—some implicitly extending beyond thirty days—the final motion for extension filed on April 25, 2024 was outside permissible limits. This led Chief Judge Terri F. Love and Judges Roland L. Belsome and Sandra Cabrina Jenkins to grant OPSO’s writ application but deny any relief due to its untimeliness.
In conclusion, while OPSO sought relief through supervisory writs concerning their motion for summary judgment denial, they were ultimately unsuccessful due to procedural missteps in filing deadlines. The plaintiff continues to seek justice for her injuries sustained during what should have been a festive event.
Attorneys involved include Dara L. Baird representing Kimberly Uddo and Tracey J. Comeaux along with Yolanda Martin Singleton representing Marlin Gusman and OPSO. The case is being overseen by Honorable Lori Jupiter with Case ID No. 2018-07641.