STATE OF LOUISIANA COURT OF APPEAL, FIRST CIRCUIT DEBRA AND RUSSELL MARBURY NO. 2021 CW 0738 VERSUS

CRACKER BARREL OLD COUNTRY STORE, INC. AND SAFETY NATIONAL CASUALTY OCT 12 2021 CORPORATION

In Re: Cracker Barrel Old Country Store, Inc., Safety National Casualty Corporation, Allied World National Assurance Company and Megan Childers, applying for supervisory writs, 19th Judicial District Court, Parish of East Baton Rouge, No. 668769.

BEFORE: GUIDRY, HOLDRIDGE, AND CHUTZ, JJ.

WRIT GRANTED IN PART; WRIT DENIED IN PART. The trial court' s June 3, 2021 Judgment, denying Cracker Barrel Old Country Store, Inc. and Safety National Casualty Corp.' s Daubert- Foret Motion to Exclude Testimony of Robin B. DiPietro, Ph. D., is reversed in part only to add that in accordance with the trial court' s oral reasons, Robin B. DiPetro, Ph. D., is qualified as an expert in restaurant industry standards only. We grant the writ in this regard. In all other respects, the writ is denied.

JMG GH WRC

COURT OF APPEAL, FIRST CIRCUIT

D CLERK OF COURT FOR THE COURT