STATE OF LOUISIANA COURT OF APPEAL, FIRST CIRCUIT MARVEL HUGHES NO. 2021 CW 1350 VERSUS

MELANIE DOTSON, GORDON DOTSON AND ALLSTATE INSURANCE COMPANY MARCH 10, 2022

In Re: Melanie Dotson, Gordon Dotson, and Allstate Insurance Company, applying for supervisory writs, 19th Judicial District Court, Parish of East Baton Rouge, No. 666795.

BEFORE: WHIPPLE, C. J., MCCLENDON AND THERIOT, JJ.

WRIT DENIED.

VGW MRT

McClendon, J., dissents and would grant the writ application. I find that Dr. Dammers is qualified to testify in the field of neuropsychology, and that neuropsychologists have generally been found qualified to testify as to the effects of head injuries from accidents. See Leidelmeijen v. Ferncrest Manor Nursing Home Luba Workers' Comp., 2015- 1216 ( La. App. 4th Cir. 3/ 16/ 16), 191 So. 3d 38, 42- 44. the Accordingly, complete pretrial exclusion from of all testimony and evidence Dr. Dammers was an abuse of discretion. Any specific, timely objections to the testimony of Dr. Dammers may be handled by the trial court as they arise at trial. See La. Code Evid, art. 103( A). Accordingly, I would reverse the portion of the trial court' s May 24, 2021 judgment which granted plaintiff, Marvel Hughes' s, motion in limine to strike and/ or exclude the IME, any testimony documentary and evidence by Dr. Paul M. Dammers and deny the motion in limine.

COURT OF APPEAL, FIRST CIRCUIT

41Z.

2 bRV-1 DEPUTY CLERV OF COURT FOR THE COURT