Chatman v. Southern University at New Orleans

| Nor the following two reasons, I respectfully dissent from the majority’s decision affirming the trial court’s judgment in *384this personal injury case. First, the jury instructions and interrogatories, taken together, were legally erroneous and that error was prejudicial! to the defendant, Southern.1 Second, under the circumstances of this case in which no trier of fact decided the pivotal, intensely fact-bound issue of legal cause, I find it inappropriate to conduct a de novo review of the record; rather, a remand for a new trial is required. I separately address each of these two reasons…