Supreme Court of Louisiana, 1992

Puckett v. State Farm Fire & Casualty Co.

Supreme Court of Louisiana · Decided November 13, 1992 · Calogero, Grant, Hall, Lemmon, Writ

608 So. 2d 166; 1992 La. LEXIS 3481; 1992 WL 339228 (Southern Reporter, Second Series)

Concurring Opinion

CALOGERO, C.J., and LEMMON, J.,

concur in the denial. We do not agree with the court of appeal’s conclusion that the *167appeal was untimely or that the judgment was final regarding strict liability on the part of Gulf Coast. The plaintiff need not have appealed a partial summary judgment which decided an issue regarding only one theory of liability. Nonetheless, we agree with the majority that the result is correct. Since Gulf Coast did not own the horse, it cannot be strictly liable.

HALL, J., would grant the writ.

Opinion of the Court

In re Puckett, Odell; — Plaintiff(s); applying for writ of certiorari and/or review; to the Court of Appeal, Third Circuit, No. CA90-1223; Parish of Lafayette, 15th Judicial District Court, Div. “C”, No. 87-5257-C.

Denied.

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