STATE OF LOUISIANA COURT OF APPEAL, FIRST CIRCUIT STATE OF LOUISIANA, NO. 2024 CW 0307 DEPARTMENT OF TRANSPORTATION AND DEVELOPMENT VERSUS P & F LUMBER COMPANY (2000), LLC; PF MONROE PROPERTIES, LLC; MARKLE INTERESTS, LLC; APRIL 17, 2024 WEYERHAEUSER COMPANY; AND ST. TAMMANY LAND CO., LLC

In Re: State of Louisiana, Department of Transportation and Development, applying for supervisory writs, 22nd Judicial District Court, Parish of St. Tammany, No. 202113398.

BEFORE: THERIOT, PENZATO, AND GREENE, JJ.

WRIT GRANTED. The trial court abused its discretion when it excluded Plaintiff's, State of Louisiana, Department of Transportation and Development's (DOTO) expert, Ashton Ray, from testifying at trial. There is no evidence that DOTO violated a scheduling order, refused to provide expert reports, or prevented Defendants from conducting a deposition of DOTD's expert. As such, while the trial court has great discretion in conducting trial and discovery, the facts submitted herein indicate the trial court abused such discretion in excluding DOTO' s expert witness, Ashton Ray. See Johnson v. E. I. DuPont deNemours & Co., Inc., 2008-628 (La. App. 5th Cir. 1/13/09), 7 So.3d 734; Fowler v. Bauman, 95-0145 (La. App. 4th Cir. 10/12/95), 663 So.2d 438. Accordingly, the trial court's ruling is reversed and DOTD's expert, Ashton Ray, is not excluded from testifying in this matter.

MRT AHP HG

COURT OF APPEAL, FIRST CIRCUIT

DEPUTY CLERK OF COURT FOR THE COURT