In re Fairmont Hotel; — Defendants); Applying for Supervisory and/or Remedial Writs; Parish of Orleans Civil District Court Div. “B” Number 87-4306; Civil District Court Div. “K” Number 87-14331; to the Court of Appeal, Fourth Circuit, Number 91CW-1386.

Granted. Judgment of trial court is reversed. Summary judgment in favor of Fairmont Hotel is granted. Case remanded to district court for further proceedings.

dissents from the peremptory reversal of the trial court’s judgment. This court cannot be in as good a position as the trial judge to assess whether summary judgment is warranted in this factually sensitive tort suit.