Opinion
2022 CW 0928
02-01-2023
HAMP'S CONSTRUCTION, LLC v. STATE OF LOUISIANA, DEPARTMENT OF TRANSPORTATION AND DEVELOPMENT
Hamp's Construction, LLC, applying writs, 19th Judicial District Court, Baton Rouge, No. 639857.
BEFORE: GUIDRY, C.J., WOLFE AND MILLER, JJ.
WRIT GRANTED. A motion in limine is a device to test the admissibility of evidence prior to trial as an extension of the trial court's gatekeeper function for which great deference is afforded. It is not intended to resolve issues of law, such as the contractual and statutory interpretations at issue. Succession of Shaw v. Alexandria Inv. Grp., LLC, 2017-582 (La.App. 3d Cir. 7/26/17), 248 So.3d 332. The scope of a motion in limine was exceeded in this case. Here, for the trial court to find that the scope of admissible evidence of damages is limited to the costs recoverable under the provisions of Section 108.11 of the contract necessarily required findings from the trial court that exceed the court's gatekeeper function. Such findings exceed the purpose and limits of a motion in limine. Moreover, the effective result of the trial court's findings essentially dismissed plaintiff's detrimental reliance claims without a dispositive motion. As such, the trial court's June 27, 2022 judgment which granted defendant's, Louisiana
Department of Transportation and Development's, motions in limine are reversed and the motions in limine are denied.
JMG
EW
SMM