BRIEN v. FREEMAN EXPOSITIONS INC 3501 (2022)

Writ application denied.

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.3d 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).

Hughes, J., would grant. Crichton, J., would grant and assigns reasons.