Nikki Brown Versus At&t Mobility Service, LLC and Feil Organization, LLC ( 2023 )

NIKKI BROWN NO. 23-C-283 VERSUS FIFTH CIRCUIT AT&T MOBILITY SERVICE, LLC AND COURT OF APPEAL FEIL ORGANIZATION, LLC STATE OF LOUISIANA June 07, 2023 Linda Wiseman First Deputy Clerk IN RE NIKKI BROWN APPLYING FOR SUPERVISORY WRIT FROM THE TWENTY-FOURTH JUDICIAL DISTRICT COURT, PARISH OF JEFFERSON, STATE OF LOUISIANA, DIRECTED TO THE HONORABLE DONALD A. ROWAN, JR., DIVISION "L", NUMBER 778-500 Panel composed of Judges Fredericka Homberg Wicker, Jude G. Gravois, and Robert A. Chaisson WRIT GRANTED; STAY DENIED In this case arising from an injury sustained from a collapsing stool at a mall kiosk, Nikki Brown seeks supervisory review of a May 17, 2023 judgment of the trial court granting defendant AT&T Mobility Services, LLC’s Motion to Strike or alternatively, Motion in Limine to Exclude her expert witness on economic damages, Kevin C. Willis, CPA. Defendant’s motion is based upon its argument that Ms. Brown has no medical evidence that any work restriction has been placed upon Ms. Brown as a result of her injuries, and therefore there is no proper foundation for Mr. Willis’ testimony. Under Louisiana Code of Evidence Article 402, all relevant evidence is admissible, except as otherwise provided by the Constitution of the United States, the Constitution of Louisiana, the Code of Evidence, or other legislation. In support of its motion, defendant introduced an excerpt from Ms. Brown’s deposition (which was taken in 2019), an excerpt from her treating physician, Dr. Shamieh’s, deposition, and a copy of an additional medical evaluation from defendant’s medical expert, Dr. Aiken. Defendant did not introduce a copy of Mr. Willis’ expert report, which contains the opinion that defendant seeks to exclude. On the showing made, we find that the trial court abused its discretion in granting defendant’s motion to strike Mr. Willis’ testimony at this stage of the proceedings. Accordingly, we reverse the May 17, 2023 judgment of the trial court and overrule defendant’s motion to exclude Ms. Brown’s expert witness. Ms. Brown’s other requested relief, including the request for a stay of the trial court proceedings, is denied. Gretna, Louisiana, this 7th day of June, 2023. RAC FHW JGG SUSAN M. CHEHARDY CURTIS B. PURSELL CHIEF JUDGE CLERK OF COURT SUSAN S. BUCHHOLZ FREDERICKA H. WICKER CHIEF DEPUTY CLERK JUDE G. GRAVOIS MARC E. JOHNSON ROBERT A. CHAISSON LINDA M. WISEMAN STEPHEN J. WINDHORST FIRST DEPUTY CLERK JOHN J. MOLAISON, JR. CORNELIUS E. REGAN, PRO TEM FIFTH CIRCUIT MELISSA C. LEDET JUDGES 101 DERBIGNY STREET (70053) DIRECTOR OF CENTRAL STAFF POST OFFICE BOX 489 GRETNA, LOUISIANA 70054 (504) 376-1400 (504) 376-1498 FAX www.fifthcircuit.org NOTICE OF DISPOSITION CERTIFICATE OF DELIVERY I CERTIFY THAT A COPY OF THE DISPOSITION IN THE FOREGOING MATTER HAS BEEN TRANSMITTED IN ACCORDANCE WITH UNIFORM RULES - COURT OF APPEAL, RULE 4-6 THIS DAY 06/07/2023 TO THE TRIAL JUDGE, THE TRIAL COURT CLERK OF COURT, AND AT LEAST ONE OF THE COUNSEL OF RECORD FOR EACH PARTY, AND TO EACH PARTY NOT REPRESENTED BY COUNSEL, AS LISTED BELOW: 23-C-283 E-NOTIFIED 24th Judicial District Court (Clerk) Honorable Donald A. Rowan, Jr. (DISTRICT JUDGE) Christine L. DeSue (Relator) Joshua M. Hudson (Respondent) MAILED Casie Z. Davidson (Respondent) David F. Bienvenu (Respondent) Windsor V. Richmond (Respondent) Attorneys at Law 1100 Poydras Street 30th Floor New Orleans, LA 70163 .. . ----~ -- -- -- - • Complete Items 1, 2, and 3. • Print yotM" name and address on the reverse so that we can return the card to you. • Attach this card to the back of the mallpleoia, or on the front If space permits. 1. Artlcie Addressed to: David F. Bienvenu Attorney at Law I l 00 Poydras Street 30th Floor New Orleans, LA 70163 23-C-283 06-07-23 3. Servloe l)'pe 0 Pllollty Mall expresse CJ Adult Signature 0 Regist.red Mall"' II lllllll llll 111111111111111111111111111111111 ``fleWlctedOellwly P~Mal!~ 9590 9402 2434 6249 3633 83 0 C«tllled Mall Re9tr1oted Oellwly 'I!;;;R.c.rsit.,, ------=-._..,.____. . .___ _...o Collec:too 0'9nvwy Merchandise 2. Article Number (rransfer from service label) ``.``~Delivery g~=="' I 7 o1 b 2 o7 o aaaa a9 s4 7 9 81 'Reslrlcted DellY8IY Resll1Cted Oellvery PS Form 3811, July 2015 PSN 7530-02-000-9053 Domestic Return Receipt i