Zoila Hernandez and David Hernandez v. Fate Scales, Pratt (Corrugated Logistics), LLC and Travelers Property and Casualty Insurance Company of America

STATE OF LOUISIANA

COURT OF APPEAL, FIRST CIRCUIT

ZOILA HERNANDEZ AND DAVID NO. 2021 CW 1366 HERNANDEZ

VERSUS

FATE SCALES, PRATT DECEMBER 15, 2021 CORRUGATED LOGISTICS), LLC

AND TRAVELERS PROPERTY AND

CASUALTY INSURANCE COMPANY

OF AMERICA

In Re: Zoila Hernandez and David Hernandez, applying for supervisory writs, 21st Judicial District Court, Parish of Tangipahoa, No. 2016- 0001067.

BEFORE: WHIPPLE, C. J., McDONALD, PENZATO, LANIER, AND WOLFE, JJ.

WRIT GRANTED. The trial court' s September 27, 2021 judgment granting the motion in limine filed by defendants, Fate Scales, Pratt Industries, Inc., Travelers Property and Casualty Insurance Company of America, and Great American Insurance Company, to exclude any testimony regarding the EEG/ ERP studies and DTI imaging performed on plaintiff is reversed. As a general rule, the factual basis of an expert' s opinion goes to the credibility of the testimony, not its admissibility, and it is up to the opposing party to examine the factual basis of the expert' s opinion in cross- examination. La. C. E. art. 702; Copell v. Arceneaux Ford, Inc., 2020- 299 ( La. App. 3 Cir. 6/ 9/ 21), 322 So. 3d 886, 893. Accordingly, we find the trial court abused its discretion, and the motion in limine is denied.

VGW

WIL

EW

McDonald and Penzato, JJ., dissent. The criteria set forth in Herlitz Construction Co., Inc. v. Hotel Investors of New Iberia, Inc., 396 So. 2d 878 ( La. 1981) ( per curiam) are not met.

COURT OF APPEAL, FIRST CIRCUIT

D PUTY CL RK OF COURT

FOR THE COURT