concurs in the writ denial and assigns reasons: While I am inclined to remand this matter to the court of appeal with instructions to allow the defendant, Boh Bros. Construction Co., Inc., to supplement its writ to conform with La. Ct.App. Unif. R. 4-5, I agree that there exists a genuine issue of material fact that precludes summary judgment. Therefore, I concur in denying the writ application.

In re Boh Bros. Construction Company, L.L.C.; — Defendant; Applying for Supervisory and/or Remedial Writs, Parish of Orleans, Civil District Court Div. J, No. 96-5023; to the Court of Appeal, Fourth Circuit, No. 2008-C-0008.

Denied.