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SUPREME COURT OF LOUISIANA
No. 96-CA-0053 YVONNE BLANCHARD ET AL Versus THE STATE OF LOUISIANA, THROUGH THE PARKS AND RECREATION COMMISSION ET AL ON DIRECT APPEAL FROM THE SIXTEENTH JUDICIAL DISTRICT COURT, PARISH OF ST. MARTIN, HONORABLE MICHAEL J. MCNULTY PRESIDING

LEMMON, Justice* This is a direct appeal to this court by the State of Louisiana, through the Parks and Recreation Commission, from a judgment that declared La. Rev. Stat. 9:2798.1 unconstitutional. Because the trial judge erred in ruling on the constitutionality of the statute before determining whether the statute applied in this particular case, we reverse the judgment and remand for further proceedings. Larry Blanchard was struck by lightning while under a shelter at Cypremort Point State Park. His wrongful death beneficiaries filed the instant action against the State, alleging negligence in the design and construction of the shelter. Plaintiffs contended that the structure was unreasonably dangerous in that it failed to provide adequate protection against lightning in an area of frequent thunderstorm activity. The architect and the contractor were joined as defendants.

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*Because of the vacancy created by the resignation of Dennis, J., now a judge on the United States Court of Appeals for the Fifth Circuit, there was no justice designated "not on panel" under Rule IV, Part II,

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