Supreme Court of Louisiana, 1985

Whittington v. American Oil Co.

Whittington v. American Oil Co.
Supreme Court of Louisiana · Decided November 15, 1985 · Dennis
477 So. 2d 693 (Southern Reporter, Second Series)

Whittington v. American Oil Co.

Opinion of the Court

In re: Whittington, James P.; Whitting-ton, Theresa; Applying for SUPERVISORY WRITS; to the Court of Appeal, Fourth Circuit, Number C-4045; Parish of St. Bernard 34th Judicial District Court Div. “A” Number 44-246.

Prior report: 474 So.2d 41.

Denied.

Concurring Opinion

DENNIS, J.,

concurs, but points out that the trial judge may nevertheless exclude the evidence, even though logically relevant, if its probative value is outweighed by other factors such as risk of confusion, excessive consumption of time, or undue prejudice. See State v. Ludwig, 423 So.2d 1073 (La. 1983).

CALOGERO, J., would grant the writ.

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