A contentious legal battle has emerged over the alleged abandonment of a lawsuit involving a car accident with serious injuries. On July 26, 2024, Queta L. Guidry filed an appeal in the Court of Appeal for the Fourth Circuit, State of Louisiana, challenging a lower court's decision to dismiss her case against Marlin Gusman, Sheriff for the Parish of Orleans, and Charles McGovern.
The case dates back to October 17, 2013, when Ms. Guidry filed a petition for damages after an accident where Mr. McGovern, driving a vehicle owned by the Sheriff's Office, allegedly collided with her car. The lawsuit names Marlin Gusman in his official capacity as Sheriff and Charles McGovern as defendants, along with ABC Insurance Company. According to Ms. Guidry’s complaint, Mr. McGovern was negligent in operating the vehicle which resulted in her injuries.
Despite initial progress through discovery and motion practice until 2019, Ms. Guidry faced significant hurdles in advancing her case further. She filed motions to set pre-trial conferences on December 30, 2019, and again on February 10, 2023. However, before these conferences could occur, the Sheriff's Office moved to dismiss the suit on grounds of abandonment under La. C.C.P. art. 561 due to inactivity since January 9, 2020.
Ms. Guidry opposed this motion vigorously. She argued that procedural requirements were not met by the Sheriff's Office under La. C.C.P. art. 561(A)(3) and claimed that a pre-trial conference had indeed taken place on February 11, 2020—an event she asserts should count as a "step" towards prosecution of her case within the three-year period required by law.
During hearings on this matter held earlier in September 2023, conflicting accounts arose regarding whether any pre-trial conference actually occurred on February 11th or if it was disrupted by subsequent events like the COVID-19 pandemic.
Judge Ellen M. Hazeur initially ruled in favor of dismissal citing abandonment; however upon appeal Judge Tiffany Gautier Chase found discrepancies between trial court statements and records about internal notes indicating that such a conference did take place but wasn’t reflected formally in documentation provided by either party at trial level hearings.
Attorneys involved include Anthony L.Marinaro representing plaintiff/appellant Queta L.Guidry while Tracey J.Comeaux defends appellees/respondents Marlin Gusman & Charles McGovern respectively alongside Honorable Judges Paula A.Brown,Tiffany Gautier Chase,Dale N.Atkins presiding over proceedings identified under Case ID No:2024-CA-0046.