Opinion
NO. 2017 CW 0831
08-04-2017
KRISTIN SPARKS ON BEHALF OF HER MINOR CHILD, STOKELY SPARKS v. CELEBRATION STATION PROPERTIES, INC. AND T.H.E. INSURANCE COMPANY
In Re: Celebration Station Properties, Inc. and T.H.E. Insurance Company, applying for supervisory writs, 19th Judicial District Court, Parish of East Baton Rouge, No. 639750. BEFORE: HIGGINBOTHAM, HOLDRIDGE AND PENZATO, JJ.
WRIT GRANTED IN PART, DENIED IN PART. The trial court's July 7, 2017 judgment which denied defendants' Daubert Motion to Exclude and/or Strike the Testimony of Gary Kilpatrick is vacated. The trial court's failure to comply with La. Code Civ. P. art. 1425(F)(4)(b) constitutes legal error. Robertson v. Doug Ashy Building Materials, Inc., 2010-1552 (La. App. 1st Cir. 10/4/11), 77 So.3d 339, 358-359, writs denied, 2011-2430, 2011-2468 (La. 1/13/12), 77 So.3d 972, 973. This matter is remanded to the trial court. In all other respects, the writ application is denied.
GH
AHP
TMH
COURT OF APPEAL, FIRST CIRCUIT /s/_________
DEPUTY CLERK OF COURT
FOR THE COURT