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,
CALOGERO, C.J., concurs and assigns reasons.
VICTORY, J., concurring in part and dissenting in
part, and assigns reasons.