GERRY SUSAN KHODER AND IBRAHIM KHODER v. ZHOU JIAN PING AND AL SULTAN GREEK AND LEBANESE RESTAURANT LLC (2023)

Pursuant to the provisions of Article 966(H) of the Louisiana Code of Civil Procedure, I would grant the defendants’ application, order the parties to file written briefs, and allow an opportunity to make a written request for oral argument. Specifically, for the reasons set forth by Judge McClendon in dissenting from the denial of the application in the court of appeal, I find this application raises the question of whether liability can attach under the facts presented here pursuant to La. R.S. 9:3221. Khoder v. Ping, 2022-0236 (La. App. 1 Cir. 10/21/22), 2022 WL 12282507. See generally Ordeneaux v. Arkel Food Servs., L.L.C., 2020-1312 (La. App. 1 Cir. 6/4/21), 327 So. 3d 521, 523, writ denied, 2021-0967 (La. 10/19/21), 326 So. 3d 264.

Crichton, J., would grant and assigns reasons.