IN RE: Millers Mutual Fire Ins. Co.; Gueydan Farmers Co-Op Inc.; — Defendants); Applying for Supervisory and/or Remedial Writs; Parish of Vermilion 15th Judicial District Court Div. “I” Number 97-69991; to the Court of Appeal, Third Circuit, Number W99-838

Denied.

concurs in the denial. Millers may proffer evidence of LSU’s negligence and re-raise the issue on appeal in the event of an adverse judgment.

concurs in the denial because summary judgment is not the appropriate procedure to raise this issue. However, relator should be allowed to have the fault of all persons, whether parties or not, determined by the jury under La.C.C. art. 2323 and La.C.C.P. art. 1812.

concurs in the denial. Relator may re-raise the issue on appeal in the event of an adverse judgment.