FOR IMMEDIATE NEWS RELEASE

NEWS RELEASE # 083

FROM : CLERK OF SUPREME COURT OF LOUISIANA


The Opinion handed down on the 15th day of November, 2002, is as follows:

BY KIMBALL, J.:

2002-CC- 2449 C/W 2002-CC- 2452 GLORIA SCOTT, ET AL. v. AMERICAN TOBACCO COMPANY, INC., ET AL. (Parish of Orleans)

In light of the above findings, we vacate the lower courts' rulings relating to the issue of comparative fault, presented to this court in application number 02-CC-2449, as premature. Additionally, as to application number 02-CC-2452, we vacate the court of appeal's judgment pertaining to the trial court's pre-trial order and the trial court's judgment on Motion for Notice of Fundamental Trial Issues and Reasons for Judgment, which established an amended trial plan. The matter is remanded to the trial court for further proceedings consistent with this opinion. Any request for rehearing in this matter shall be filed on or before the seventh calendar day after the mailing of the notice of judgment.

VACATED AND REMANDED.

Retired Judge Robert J. Klees, assigned as Justice ad hoc, sitting for Associate Justice Chet D. Traylor, recused.

CALOGERO, C.J., concurs and assigns reasons.

VICTORY, J., concurring in part and dissenting in part, and assigns reasons.