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abuse accident action actual affirm alleged allowed amended Appellee application argues assignment Attorney authority award benefits cause charged child Circuit circumstances Cite as 712 City claim compensation conclude concur condition conduct considered constitutional contract conviction costs counsel County Court of Appeal Criminal damages death decision defendant defendant's denied determine Dist District Court duty employee erred error evidence existing fact failed failure filed Florida further granted hearing held injury instructions insurer interest issue Judge judgment jurors jury La.App liability Louisiana matter ment motion negligent NUMBER occurred offense officer operating Parish party penalty person petition plaintiff police present prior procedure prove provides question reasonable record regarding relator remand response result reversed rule sentence statement statute suit SYSTEM testified testimony tion trial court victim workers writ