STATE OF LOUISIANA COURT OF APPEAL, FIRST CIRCUIT ALYSSA MASCORRO NO. 2020 CW 0051 VERSUS

PETER SCHULZ, GEICO INSURANCE COMPANY, CULLEN 7VI WALSH, AND USAA INSURANCE COMPANY

In Re: Cullen Walsh and USAA Casualty Insurance Company, applying for supervisory writs, 22nd Judicial District Court, Parish of St. Tammany, No. 2014- 12140.

BEFORE: MCDONALD, THERIOT, AND CHUTZ, JJ.

WRIT DENIED.

Jm!

WRC

Theriot, J., dissents and would grant the writ finding that the plaintiff, Alyssa Mascorro, failed to meet her burden of proving, by a preponderance of the evidence, that David Barczyk' s testimony was based on sufficient facts and data, that the testimony was the product of reliable principles and methods, and that he reliably applied the principles and methods to the facts of this case. See La. Code Evid. art. 702 and Chatelain v. Akin, No. 15- 5747, 2018 WL 3063118, * 3- 5 ( E. D. La. 2/ 26/ 18).

COURT OF APPEAL, FIRST CIRCUIT

T51 DEPUTY C ERK OF COURT FOR THE COURT