Opinion
NO. 2019 CW 1104
08-21-2019
HENRY NORRIS WILLIAMS AND BETTY WILLIAMS v. THE DOW CHEMICAL COMPANY, ET AL
In Re: ExxonMobil Corporation, applying for supervisory writs, 18th Judicial District Court, Parish of Iberville, No. 74597. BEFORE: WHIPPLE, C.J., McCLENDON, HIGGINBOTHAM, PENZATO, AND LANIER, JJ.
STAY DENIED; WRIT DENIED. The criteria set forth in Herlitz Construction Co., Inc. v. Hotel Investors of New Iberia, Inc., 396 So.2d 878 (La. 1981) (per curiam) are not met.
VGW
PMc
TMH
Penzato and Lanier, JJ., concur in part and dissent in part. We concur in the denial of the stay. However, we dissent and would grant the writ in part and reverse the ruling of the trial court which denied defendant's motion in limine seeking to introduce plaintiffs' pleadings as to Dow Chemical Company. A judicial confession is an express acknowledgment of an adverse fact. Dean v. State Farm Mutual Automobile Ins. Co., 51,243 (La. App. 2d Cir. 4/5/17), 217 So.3d 611. Defendant, ExxonMobil Corporation, should be allowed, subject to any other evidentiary limitations, to introduce plaintiffs' pleadings and/or to utilize same in examination of witnesses, to the extent such pleadings constitute an express acknowledgement of an adverse fact. The jury can be properly instructed as to the appropriate burden of proof to be borne by the respective parties. COURT OF APPEAL, FIRST CIRCUIT /s/_________
DEPUTY CLERK OF COURT
FOR THE COURT