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Blank v. Sid Richardson Carbon & Gasoline Co.

Supreme Court of Louisiana
Jun 2, 2000
762 So. 2d 1115 (La. 2000)

Opinion

No. 2000-CC-1025

June 2, 2000

IN RE: Blank, Charles E., et al; Gomez, Jolene L.; Loubiere, Irma Jo; Spurlock, Johnnie Mae; Kleinpeter, Paul D.; Kleinpeter, Eva C.; Farley, Joe L.; Farley, Linda F.; Allemond, Lee B.; Plaintiff(s); Applying for Supervisory and/or Remedial Writs, Parish of W. Baton Rouge, 18th Judicial District Court Div. D, Nos. 25,219, to the Court of Appeal, First Circuit, No. 99 CW 2459.


Granted. The judgment of the court of appeal is vacated and the case is remanded to the trial court for consideration of this court's opinion in Independent Fire Ins. Co. v. Sunbeam Corp., 99-2181 (La. 2/29/00), 755 So.2d 226. In the instant case, plaintiffs submitted an expert affidavit in opposition to defendant's motion for summary judgment. Defendant responded by challenging the legitimacy of the methodology utilized by plaintiffs' expert. Because the legitimacy of the expert's methodology, rather than the application of that methodology to the instant circumstances, has been challenged, the affidavit must be considered pursuant to the standards set forth in Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579 (1993), and State v. Foret, 628 So.2d 1116 (La. 1993), prior to ruling on the motion for summary judgment. Accordingly, the judgment of the court of appeal granting defendant's motion for summary judgment is vacated and the case is remanded to the trial court for proceedings consistent with this opinion.

CDK

PFC

WFM

HTL

BJJ

JPV

JTK

TRAYLOR, J., not on panel.


Summaries of

Blank v. Sid Richardson Carbon & Gasoline Co.

Supreme Court of Louisiana
Jun 2, 2000
762 So. 2d 1115 (La. 2000)
Case details for

Blank v. Sid Richardson Carbon & Gasoline Co.

Case Details

Full title:CHARLES E. BLANK, JOLENE L. GOMEZ, INDIVIDUALLY AND ON BEHALF OF HER MINOR…

Court:Supreme Court of Louisiana

Date published: Jun 2, 2000

Citations

762 So. 2d 1115 (La. 2000)

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