Zoila Hernandez and David Hernandez v. Fate Scales, Pratt (Corrugated Logistics), LLC and Travelers Property and Casualty Insurance Company of America ( 2021 )

STATE OF LOUISIANA
COURT OF APPEAL, FIRST CIRCUIT
ZOILA HERNANDEZ AND DAVID NO. 2021 CW 1366
HERNANDEZ
VERSUS
FATE SCALES, PRATT DECEMBER 15, 2021
CORRUGATED LOGISTICS), LLC
AND TRAVELERS PROPERTY AND
CASUALTY INSURANCE COMPANY
OF AMERICA
In Re: Zoila Hernandez and David Hernandez, applying for
supervisory writs, 21st Judicial District Court,
Parish of Tangipahoa, No. 2016- 0001067.
BEFORE: WHIPPLE, C. J., McDONALD, PENZATO, LANIER, AND WOLFE, JJ.
WRIT GRANTED. The trial court' s September 27, 2021 judgment
granting the motion in limine filed by defendants, Fate Scales,
Pratt Industries, Inc., Travelers Property and Casualty
Insurance Company of America, and Great American Insurance
Company, to exclude any testimony regarding the EEG/ ERP studies
and DTI imaging performed on plaintiff is reversed. As a
general rule, the factual basis of an expert' s opinion goes to
the credibility of the testimony, not its admissibility, and it
is up to the opposing party to examine the factual basis of the
expert' s opinion in cross- examination. La. C. E. art. 702; Copell
v. Arceneaux Ford, Inc., 2020- 299 ( La. App. 3 Cir. 6/ 9/ 21), 322
So. 3d 886, 893. Accordingly, we find the trial court abused its
discretion, and the motion in limine is denied.
VGW
WIL
EW
McDonald and Penzato, JJ., dissent. 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.
COURT OF APPEAL, FIRST CIRCUIT
D PUTY CL RK OF COURT
FOR THE COURT