Pursuant to the provisions of Code of Civil Procedure article 966(H), I would grant the defendants writ application, order the parties to file written briefs, and allow an opportunity to make a written request for oral argument. In my view, the Court should review this case consistent with the standards recently articulated in Farrell v. Circle K Stores, Inc., 2022-0849, p.13 (La. 3/17/23), 359 So. 3d 467, 478 (“Summary judgment, based on the absence of liability, may be granted upon a finding that reasonable minds could only agree that the condition was not unreasonably dangerous; therefore, the defendant did not breach the duty owed. In such instance, the plaintiff would be unable to prove the breach element at trial.”).
Crichton, J., would grant and assigns reasons.