Supreme Court of Louisiana, 1999

Guidry v. Millers Mutual Fire Insurance Co.

Supreme Court of Louisiana · Decided June 15, 1999 · Application, Grant, Johnson, Knoll, Marcus, Traylor, Victory

745 So. 2d 16; 1999 La. LEXIS 1947; 1999 WL 506313 (Southern Reporter, Second Series)

Opinion of the Court

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.

MARCUS, J. not on panel.

Concurring Opinion

JOHNSON, J.

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.

Concurring Opinion

VICTORY, J.

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.

TRAYLOR, J. votes to grant the application.

Concurring Opinion

KNOLL, J.

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

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