Opinion
No. 2019-CC-01419
11-05-2019
Traynor FREEMAN v. WESTLAKE VINYLS COMPANY, LP, Westlake Vinyls, Inc. (Louisiana), Westlake Vinyls Corporation and Star Service, Inc. of Baton Rouge
Writ denied.
Crichton, J., would grant and assigns reasons.
CRICHTON, J., would grant and assigns reasons:
I would grant to determine the correctness of the trial court's denial of defendant's motion for summary judgment. The issue presented is whether defendant's alleged contribution to an explosion is a cause-in-fact and legal cause of plaintiff's slip and fall where plaintiff admittedly did not witness the explosion. I therefore believe the question of whether the explosion is the legal cause of plaintiff's injuries is particularly worthy of this Court's attention. See Todd v. State, Dep't of Soc. Services, Office of Cmty Services , 96-3090, p. 6-7 (La. 9/9/97), 699 So. 2d 35, 39 ("[W]hereas the question of cause-in-fact involves a factual determination, the determination of legal cause involves a purely legal question.") (internal citations omitted). Thus, I would grant this application, assign the case for briefing, and allow the parties to request oral argument pursuant to La. C.C.P. art. 966(H).