Puckett v. State Farm Fire & Casualty Co.

Supreme Court of Louisiana November 13, 1992

Puckett v. State Farm Fire & Casualty Co., 608 So. 2d 166 (La. 1992)

1992 La. LEXIS 3481; 1992 WL 339228

Calogero, Grant, Hall, Lemmon, Writ

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.

Reference

Full Case Name: Odell PUCKETT v. STATE FARM FIRE & CASUALTY COMPANY, Ben Busby Gulf Coast Rental Tool Service, Inc., American Motorists Insurance Company
Status: Published