Basco v. Liberty Mutual Insurance Co.

Supreme Court of Louisiana
Basco v. Liberty Mutual Insurance Co., 876 So. 2d 69 (La. 2004)
2004 La. LEXIS 1961; 2004 WL 1418051
Deny, Johnson, Kimball, Traylor, Writ

Basco v. Liberty Mutual Insurance Co.

Opinion of the Court

PER CURIAM.

Granted. Because the trial court failed to completely decide the admissibility of defendants’ expert evidence under Daubert v. Merrill Dow Pharmaceuticals, 509 U.S. 579, 113 S.Ct. 2786, 125 L.Ed.2d 469 (1993), and State v. Foret, 628 So.2d 1116 (La. 1993), the court was premature in reaching plaintiffs’ motion for partial summary judgment. See Independent Fire Ins. v. Sunbeam Corp., 99-2181 (La.2/29/00), 755 So.2d 226.

Accordingly, the judgment of the court of appeal is vacated and set aside. The case is remanded to the trial court to decide the admissibility of defendants’ expert evidence under Daubert/Foret and to decide plaintiffs’ motion for partial summary judgment, following the standards set forth in Independent Fire.

KIMBALL, JOHNSON and TRAYLOR, JJ., would deny the writ.

Reference

Full Case Name
Stephen P. BASCO, et ux. v. LIBERTY MUTUAL INSURANCE COMPANY
Status
Published