dissenting.

In my view the Court should not recall the writ, but should address the amount of the award in this case.

Upon defendants’ application, we granted certiorari in this case. McGrail v. Lee, 2002-1496 (La.10/4/02), 826 So.2d 1110. After hearing oral arguments and reviewing the record of the matter, we conclude that the judgment below does not require the exercise of our supervisory authority. Accordingly, we recall our order of October 4, 2002, as improvidently granted, and we deny defendants’ application.

Chief Justice, dissents and assigns reasons.

I dissent from the action of the court in recalling the writ. The writ application was granted, the case briefed, oral arguments made, and the case assigned for opinion. At this juncture the case should be decided on its merits.