Supreme Court of Louisiana, 2015

Bordelon v. Cutting Edge

Bordelon v. Cutting Edge
Supreme Court of Louisiana · Decided May 22, 2015 · Crichton
171 So. 3d 924; 2015 La. LEXIS 1251; 2015 WL 3369709 (Southern Reporter, Third Series)

Bordelon v. Cutting Edge

Opinion of the Court

CRICHTON, J.,

would grant and assigns reasons.

I respectfully disagree with the majority’s denial of this writ application. I would grant and docket the writ, in order to examine the relationship between La. C.C.P. art. 1428, which imparts a duty to “seasonably” supplement a previous discovery response with respect to the “identity of each person expected to call a witness at trial ....,” and La. C.C.P. art. 1551, which sets forth a party’s responsibility to comply with a pre-trial order. It appears from the record before us that the defendants complied with the pre-trial order deadlines set forth by the trial court, yet the court apparently excluded their expert due to its conclusion that defendants failed to “seasonably” supplement its discovery responses. In my view, the dis-allowance of this expert’s testimony, under the circumstances and particularly in light of what appears to be an excessive monetary judgment, arguably amounts to an-abuse of discretion warranting our full review.

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