concurs in the writ denial but disagrees strongly with the court of appeal and jury’s finding of a percentage of fault on the part of the victim. Negligence is not an issue as to the perpetrators or the victim. The trial court erred in failing to grant plaintiff’s motion for partial judgment notwithstanding the verdict on this issue.

In re Cheramie, Mary Vizier; State Farm Fire & Cas. Ins.; Sea Insurance Co.; — Defendants); Applying for Writ of Certiorari and/or Review, Supervisory and/or Remedial; to the Court of Appeal, Fifth Circuit, Number 88-CA-0540; Parish of Jefferson 24th Judicial District Court Div. “A” Number 312-907.

Prior report: La.App., 539 So.2d 70.

Denied. The fact that plaintiff respondent has not sought writs precludes our review of the Court of Appeal’s treatment of fault with regards to plaintiff.