Opinion
NO. 2018 CW 0021
05-14-2018
H&E EQUIPMENT SERVICES, INC. v. URS CORPORATION ARCHITECTURE, P.C., URS CORPORATION, L. O'NEAL JOHNSON AND THOMAS RYAN, III
In Re: URS Corporation Architecture, P.C., URS Corporation, L. O'Neal Johnson and Thomas Ryan, III, applying for supervisory writs, 19th Judicial District Court, Parish of East Baton Rouge, No. 626308. BEFORE: HIGGINBOTHAM, HOLDRIDGE AND PENZATO, JJ.
WRIT GRANTED IN PART WITH ORDER DENIED IN PART. The district court's December 7, 2017, judgment denying the Relators' Motion in Limine to Strike Reports and to Exclude Proposed Testimony of Wallace C. Drennan, III, and denying the Relators' Motion in Limine to Strike Reports and to Exclude Proposed Testimony of Dr. James R. "Bob" Bailey is vacated. The district court failed to comply with the requirements of La. Code Civ. P. art. 1425(F)(3) and (F)(4) in denying the motions in limine filed by Relators, in which they sought to exclude the testimony of two potential experts. Such failure to comply with these requirements constitutes legal error. See Robertson v. Doug Ashy Building Materials, Inc., 2010-1552 (La. App. 1st Cir. 10/4/11), 77 So.3d 339, 359, writs denied, 2011-2468, 2430 (La. 1/13/12), 77 So.3d 972, 973. This matter is remanded to the district court for compliance with La. Code Civ. P. art. 1425(F) within 10 days from this action. This writ is denied in all other respects.
GH
AHP
TMH
COURT OF APPEAL, FIRST CIRCUIT /s/_________
DEPUTY CLERK OF COURT
FOR THE COURT