Friday, August 04, 2006

Truck Wreck Suit Filed
I filed a petition for declaratory relief against the Council on August 1. Following is the meat of the petition:

"On or about August 24, 2005, at approximately 3:00 P.M., George Randolph, husband of Lafourche Parish President Charlotte Randolph, was driving a Ford F250 owned by the Council, with President Randolph in the front passenger seat. At the intersection of Louisiana Highway 316, or Couteau Road, and Louisiana Highway 182, or old Highway 90, Mr. Randolph caused an accident when he failed to properly yield the right of way to a Dodge Dualy pick-up truck being driven by Mr. John Cooley.

By resolution number 05-289, adopted December 13, 2005, the Council authorized the Lafourche Parish Finance Department to pay $15,805.37 for vehicle repairs and rental expenses to the victim of the accident.

At the time of the accident, George Randolph was neither a Parish official nor employee nor did he otherwise possess authority from the Council to drive the vehicle.

Plaintiff is entitled to a declaratory judgment declaring that the authorization by the Parish Council to pay property damage and rental expense of the victim of the accident, John Cooley, caused on August 24, 2005 by George Randolph, a driver who was not properly authorized to drive a Parish-owned vehicle, is null and void since the authorization constitutes a prohibited donation of public property, and, accordingly, unconstitutional under Article VII, Section 14(A) of the Louisiana Constitution of 1974 and/or a violation of Councilmen's obligation to administer public property entrusted to the Council for public purposes and as a fiduciary in violation of LA R.S. 42:1461."

The case has been allotted to Judge John LeBlanc. The Parish has 15 days to answer.

The Comet has an article on it in today's paper.

Maybe we can find out why the Randolphs were using the Emergency Preparedness truck and not the Parish sedan assigned to Charlotte. George, ready to testify? CROSS-EXAMINATION! I like it!

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