Opinion
CIVIL ACTION 18-207-SDD-SDJ
02-11-2021
CHARLOTTE COLAR v. IMPERIAL FIRE & CASUALTY INSURANCE COMPANY
RULING ON MOTION TO EXCLUDE PLAINTIFF'S RETAINED EXPERT TOMMY TOMPKINS
Before the Court is the Motion to Exclude Plaintiffs' Retained Expert Tommy Tompkins and Request for Hearing ("Motion") filed by defendant Imperial Fire & Casualty Insurance Company ("Imperial"). The Motion is opposed by Plaintiffs in the consolidated cases ("Plaintiffs"). Imperial filed a Reply. The Court does not require oral argument. The Court has carefully considered the law, the facts in the record, and the arguments and submissions of the Parties, and, for the following reasons, the Motion is denied.
Rec. Doc. 44.
The subject Motion and this Court's instant Ruling applies to the matters consolidated for discovery purposes with the captioned matter.
Rec. Doc. 49.
Rec. Doc. 52.
The captioned matter, and those consolidated herewith for discovery purposes, are but a few of the thousands of cases filed as the result of property damages alleged to have resulted from an epic rain event which caused widespread flooding in areas in Baton Rouge and surrounding areas between August 13 and 15, 2016 ("Flood").
Rec. Doc. 12.
Imperial moves to exclude opinion testimony from the Plaintiff's loss expert Tommy Tompkins ("Tompkins"). Imperial's Motion is substantively identical to the Motion in Limine filed by Allstate Insurance Company in cases which present common questions of fact and law and which arise out of the Flood. Another division of this Court has recently denied an identical Motion in Limine to exclude Tompkins. For similar reasons, this Court reaches the same conclusion.
See Civil Action 17cv00597-JWD-SDJ, Rec Doc. 194.
See Civil Action 17cv00597-JWD-SDJ, Rec Doc. 218.
Therefore, this Court adopts the well-reasoned opinion of Judge deGravelles in Albert Anderson vs Allstate Insurance Company and the undersigned's recent opinion in Corley v. Gulfstream Property and Casualty Insurance Company. Accordingly, for the reasons set forth in these opinions, Imperial's Motion to Exclude Plaintiff's Retained Expert and Request for Hearing is DENIED.
Civil Action 17cv00597-JWD-SDJ, Rec. Doc. 218.
Civil Action 17cv00535-SDD-RLB, Rec. Doc. 74.
Rec. Doc. 44. --------
IT IS SO ORDERED.
Baton Rouge, Louisiana, this 11th day of February, 2021.
/s/ _________
SHELLY D. DICK
CHIEF DISTRICT JUDGE
MIDDLE DISTRICT OF LOUISIANA