KATHLEEN MCGOEY NO. 25-C-390 VERSUS FIFTH CIRCUIT ABC INSURANCE COMPANY AND COURT OF APPEAL MY SAL L.L.C. STATE OF LOUISIANA

September 24, 2025 Linda Tran First Deputy Clerk

IN RE SWEETPEA ENTERPRISES, INC. D/B/A BROOKS AND COMPANY HAIR SALON APPLYING FOR SUPERVISORY WRIT FROM THE TWENTY-FOURTH JUDICIAL DISTRICT COURT, PARISH OF JEFFERSON, STATE OF LOUISIANA, DIRECTED TO THE HONORABLE DONALD A.

ROWAN, JR., DIVISION "L", NUMBER 848-318

Panel composed of Judges Jude G. Gravois, Scott U. Schlegel, and Timothy S. Marcel

WRIT DENIED In this matter, plaintiff, Katheen McGoey, allegedly tripped and fell on steps leading from the front porch to the parking lot outside a hair salon owned by defendant/third-party defendant, Brooks and Company Hair Salon d/b/a SweetPea Enterprises, Inc. (“SweetPea”). SweetPea leased the premises where it operates its hair salon from the property owner and third-party plaintiff/co- defendant, My Sal, L.L.C. In this writ application, SweetPea seeks supervisory review of the trial court’s July 29, 2025 judgment, which denied its motion for summary judgment seeking dismissal of all claims brought against it by plaintiff and My Sal.

After a de novo review, we find that the trial court did not err in denying SweatPea’s motion for summary judgment on the issues of 1) its liability for plaintiff’s claims; and 2) whether its owes indemnity to My Sal. In opposition to SweetPea’s motion, plaintiff submitted an expert affidavit from an architect, Mr. Mitchell Wood, opining among other things, that the planters placed on the porch by SweetPea were obstructions that created an unreasonable risk of harm.

SweetPea objected to the expert affidavit in its reply brief, arguing that the expert’s opinions are unreliable. But SweetPea failed to file a separate motion challenging these opinions and further failed to have it heard and decided before the summary judgement hearing as now required under La. C.C.P. art. 966(D)(3) and La. C.C.P. art. 1425(F)(1).1 Consequently, the trial court did not err by considering the expert affidavit and determining that it created a genuine issue of material fact precluding summary judgment. This writ application is denied.

Gretna, Louisiana, this 24th day of September, 2025.

SUS JGG TSM

In 2023, the Louisiana legislature amended Article 966(D)(3) to require that any motion filed under La. C.C.P. art. 1425(F), seeking to challenge an expert’s qualifications or expert testimony as unreliable, shall be filed, heard, and decided prior to the hearing on the summary judgment motion: If a timely objection is made to an expert’s qualifications or methodologies in support of or in opposition to a motion for summary judgment, any motion in accordance with Article 1425(F) to determine whether the expert is qualified or the expert’s methodologies are reliable shall be filed, heard, and decided prior to the hearing on the motion for summary judgment.

Also, in 2024, the Louisiana legislature amended La. C.C.P. art. 1425(F)(1) to provide that any challenge to an expert’s qualifications or reliability of the methodologies employed by an expert shall be filed in a pretrial motion: A party seeking to challenge whether a witness qualifies as an expert or whether the methodologies employed by the witness are reliable under Code of Evidence Articles 702 through shall file a motion for a pretrial hearing. The motion shall be filed not later than sixty days prior to trial and shall set forth sufficient allegations showing the necessity for these determinations by the court.

SUSAN M. CHEHARDY CURTIS B. PURSELL CHIEF JUDGE CLERK OF COURT

SUSAN S. BUCHHOLZ FREDERICKA H. WICKER CHIEF DEPUTY CLERK JUDE G. GRAVOIS MARC E. JOHNSON STEPHEN J. WINDHORST LINDA M. TRAN JOHN J. MOLAISON, JR. FIRST DEPUTY CLERK SCOTT U. SCHLEGEL TIMOTHY S. MARCEL FIFTH CIRCUIT MELISSA C. LEDET JUDGES 101 DERBIGNY STREET (70053) DIRECTOR OF CENTRAL STAFF POST OFFICE BOX 489 GRETNA, LOUISIANA 70054 (504) 376-1400 (504) 376-1498 FAX www.fifthcircuit.org

NOTICE OF DISPOSITION CERTIFICATE OF DELIVERY I CERTIFY THAT A COPY OF THE DISPOSITION IN THE FOREGOING MATTER HAS BEEN TRANSMITTED IN ACCORDANCE WITH UNIFORM RULES - COURT OF APPEAL, RULE 4-6 THIS DAY 09/24/2025 TO THE TRIAL JUDGE, THE TRIAL COURT CLERK OF COURT, AND AT LEAST ONE OF THE COUNSEL OF RECORD FOR EACH PARTY, AND TO EACH PARTY NOT REPRESENTED BY COUNSEL, AS LISTED BELOW:

25-C-390 E-NOTIFIED 24th Judicial District Court (Clerk) Honorable Donald A. Rowan, Jr. (DISTRICT JUDGE) Hope E. Hughes (Respondent) Anne E. Medo (Respondent) Frederic T. Le Clercq (Respondent) Patrick S. McGoey (Respondent) J. Michael Nash (Relator) Lauren E. Brisbi (Respondent) Andrea V. Timpa (Respondent) Alex F. Granier (Relator) MAILED Matthew J. Ungarino (Relator) David P. Vicknair (Respondent) Wayne R. Maldonado (Relator) Attorney at Law Thomas A. Budetti (Relator) 909 Poydras Street Attorney at Law Suite 1225 3850 North Causeway Boulevard New Orleans, LA 70112 Suite 1280 Metairie, LA 70002