COATS v. BROADWALL MANAGEMENT CORPORATION (2020)

Writ application denied.

I would grant the defendant's application, because I find no genuine issue of material fact exists in this slip and fall case. See La. C.C. art. 2317.1 (“The owner or custodian of a thing is answerable for damage occasioned by its ruin, vice, or defect, only upon a showing that he knew or, in the exercise of reasonable care, should have known of the ruin, vice, or defect which caused the damage, that the damage could have been prevented by the exercise of reasonable care, and that he failed to exercise such reasonable care.”). As a result, under La. C.C.P. art. 966(H), I would assign the case for briefing, thereby permitting the parties an opportunity to request oral argument. See, e.g., Minix v. Pilot Travel Centers, LLC, 19-1074 (La. 10/8/19), 280 So. 3d 149 (Crichton, J., dissenting from writ denial and finding no genuine issue of material fact); James v. St. Martin Parish Government, 19-0013 (La. 2/25/19), 264 So. 3d 436 (same); Sylvester v. Odom, 14-2708 (La. 4/17/15), 165 So. 3d 70 (same).

Crichton, J., would grant and assigns reasons. Genovese, J., would grant. Crain, J., would grant.