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

Writ application denied.

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.

The trial court correctly noted that “[d]iscovery is ongoing and Defendants’ Motion for Summary Judgment is premature.” I agree. Thus, I concur with the denial of this writ, finding that additional discovery is necessary.

Hughes, J., would grant. Crichton, J., would grant and assigns reasons. Crain, J., would grant. McCallum, J., concurs and assigns reasons.