Christopher Bittola and Danna Bittola, Individually and on behalf of their minor child, Alexander Bittola v. Nekita Harmon, Old Republic Insurance Company, Gelco Corporation and 3M Company ( 2022 )

STATE OF LOUISIANA
COURT OF APPEAL, FIRST CIRCUIT
CHRISTOPHER BITTOLA AND NO. 2021 CW 1231
DANNA BITTOLA, INDIVIDUALLY
AND ON BEHALF OF THEIR MINOR
CHILD, ALEXANDER BITTOLA
VERSUS
NEKITA HARMON, OLD REPUBLIC JANUARY 21, 2022
INSURANCE COMPANY, GELCO
CORPORATION AND 3M COMPANY
In Re: Danna Bittola, individually and on behalf of her minor
child, Alexander Bittola, applying for supervisory
writs, 22nd Judicial District Court, Parish of St.
Tammany, No. 2018- 10797.
BEFORE: McCLENDON, WELCH, AND THERIOT, JJ.
WRIT DENIED. Plaintiff failed to meet her burden of proof
on the motion in limine, as no evidence was formally introduced
at the hearing. Evidence not properly and offered
officially
and introduced cannot be considered, even if it is physically
placed in the record. Documents attached to memoranda do not
constitute evidence and cannot be considered as such on appeal.
Denoux v. Vessel Management Services, Inc., 2007- 2143 ( La.
5/ 21/ 08), 983 So. 2d 84, 88.
JEW
Theriot, J., concurs and would deny the writ.
McClendon, J., concurs in part and dissents in part. An
expert witness may not give expert testimony beyond the scope of
the field of expertise in which he is qualified. State v.
Williams, 615 So. 2d 1009, 1022 ( La.
App. 1st Cir.), writ denied,
619 So. 2d 543 ( La. 1993). Specifically, a biomechanics expert
cannot testify as to whether the collision caused a plaintiff' s
injuries since he is not a medical expert. See Collins v.
Benton, 18- 7465, 2020 WL 3605942, at * 8( E. D. La. 2,
July
2020). However, he can opine on the force of impact experienced
by plaintiffs and how a hypothetical human body usually responds
to such force, both of the in
which may assist jury evaluating
whether the collision caused the purported injuries and if so
the extent of damages. Id.; see also Jones v. Bravata, 2018-
0837 ( La. App. 1st Cir. 5/ 9/ 19), 280 So. 3d 226, writ denied,
2019- 01850 ( La. 2/ 26/ 20), 294 So. 3d 477. I
Accordingly, would
reverse in part the district court' s June 1, 2021 judgment
denying the " Motion in Limine Regarding the Testimony of Wilson
C. Hayes, Ph. D." filed by Plaintiff, Danna Bittola, individually
and on behalf of her minor child, Alexander Bittola, and grant
the motion to exclude Dr. Hayes' s opinion as to medical
causation. I would
deny the writ application in all other
respects.
OURT OF APPEAL, FIRST CIRCUIT
9 0 1*
DEPUT 4LEK OF COURT
FOR THE COURT