SEPULVADO v. FARM BUREAU INSURANCE COMPANY (2020)

Writ denied.

I would grant the defendants' writ application to determine whether the court of appeal erred in reversing the district court's grant of summary judgment. A threshold issue in this case is whether the defendant owed a duty to plaintiff. See Lemann v. Essen Lane Daiquiris, Inc., 2005-1095 (La. 3/10/06), 923 So. 2d 627, 633. Specifically, because the scope of defendant's duty is a question of law on the basis of which a plaintiff's action may be appropriately dismissed by summary judgment, 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).

Crichton, J., would grant and assigns reasons. Crain, J., would grant and docket. Boddie, J., would grant and docket.