Lee v. Peerless Insurance Company

This case raises serious questions vitally affecting delictual responsibility in Louisiana. Because of its importance to our jurisprudence, I must record my dissent. I do so with utmost deference to the views of my brethren, who have dismissed the suit without trial.

Plaintiff Lee sustained disabling injuries when an automobile struck him on the highway bordering Sale’s nightclub, after he had been ejected from the club in an intoxicated *995condition. He sued Kimmerly, owner of Sak’s, and Peerless Insurance Company, his insurer, for damages.

The petition alleges: Sak’s is a night club located on…