Boyte v. Ward North American Insurance Co.

h NORRIS, C.J.,

dissents.

I respectfully dissent from the majority opinion.

The majority relies on Mundy v. Department of HHR, 593 So.2d 346 (La.1992), to resolve this fact-intensive issue. I note that no party to this litigation relied on or argued Mundy to the trial court or to this court. To my knowledge, it was not cited in any brief. I do not believe Mundy mandates summary judgment or that the “threshold doctrine” mentioned in the opinion governs this case.

The plaintiff in Mundy, supra, was a nurse employed at Charity Hospital in New Orleans. She was two minutes late for work when she…