Writ application denied.
JLW
JDH
JTG
PDG
Crichton, J., would grant and assigns reasons.
Crain, J., would grant.
McCallum, J., would grant.
Supreme Court of Louisiana January 17, 2024
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.”).