Opinion
No. 93-C-1439.
October 1, 1993.
In re Himel, Kay; — Plaintiff(s); applying for writ of certiorari and/or review; to the Court of Appeal, Fourth Circuit, No. 92CA1939; Parish of Orleans, Civil District Court, Div. "C", No. 91 14509.
Granted, Summary judgment reversed. There are genuine issues of material fact or of mixed fact and law: whether the security guard owed a duty to protect the victim and whether he intentionally breached that duty without justification while in the course and scope of his employment. See LeBrane v. Lewis, 292 So.2d 216 (La. 1974). Case remanded to the trial court for further proceedings.
CALOGERO, C.J., not on panel.