Opinion
2022-CC-00579
04-27-2022
LANE O'BRIEN AND BRIAN O'BRIEN v. FREEMAN EXPOSITIONS, INC.; FREEMAN DECORATING CO.; FREEMAN DECORATING SERVICES, INC.; FREEMAN AUDIO VISUAL SOLUTIONS, INC.; AND 3501 NORTH CAUSEWAY ASSOCIATES
Freeman Expositions, Inc., et al. - Appellant Defendant; Freeman Expositions, LLC - Applicant Defendant; Applying For Supervisory Writ, Parish of Jefferson, 24th Judicial District Court Number(s) 741-838, Court of Appeal, Fifth Circuit, Number(s) 21-C-712;
Writ application denied.
JLW
JTG
WJC
JBM
PDG
Hughes, J., would grant.
CRICHTON, J., would grant and assigns reasons:
Pursuant to the provisions of Article 966(H) of the Louisiana Code of Civil Procedure, I would grant defendants' application in this matter, order the parties to file written briefs and allow an opportunity to make a written request for oral argument. In my view, defendant has presented persuasive arguments as to the open and obvious nature of the area and that the site arguably did not present an unreasonably dangerous condition. See, e.g. Latour v. Steamboat's L.L.C., 21-0006 (La. 3/16/21), 312 So.2d 1091 (mem.), writ denied (Crichton, J., would grant pursuant to La. C.C.P. art. 966(H), noting the application raised the question of whether an open and obvious nature of a ledge alleged to have contributed to plaintiff's injuries created an unreasonable risk of harm).