Opinion
NO. 2018 CW 1193
11-09-2018
GEORGE BLAIR v. MARY CONEY, AMERISOURCEBERGEN DRUG CORPORATION, ACE AMERICAN INSURANCE COMPANY, AND UNITED SERVICES AUTOMOBILE ASSOCIATION (UNISURED/UNDERINSURED MOTORIST)
In Re: Lori Brewer, AmerisourceBergen Corporation and Ace American Insurance Company, applying for supervisory writs, 21st Judicial District Court, Parish of Livingston, No. 145020. BEFORE: PETTIGREW, WELCH, AND CHUTZ, JJ.
WRIT GRANTED WITH ORDER. The trial court's judgment of August 22, 2018, granting George Blair's motion in limine, is vacated. The trial court failed to comply with the requirements of La. Code Civ. P. art. 1425(F)(3) and (F)(4) in granting the motion in limine filed by George Blair, in which he sought to exclude the testimony of Dr. Charles Bain. Such failure to comply with these requirements constitutes legal error. See Robertson v. Doug Ashy Building Materials, Inc., 2010-1552 (La. App. 1 Cir. 10/4/11), 77 So. 3d 339, 35 9, writs denied, 2011-24 68, 2430 (La. 1/13/12), 77 So.3d 972, 973. This matter is remanded to the trial court for compliance with La. Code Civ. P. art. 1425(F) within 10 days from this action.
WRC
JTP
JEW
COURT OF APPEAL, FIRST CIRCUIT /s/_________
DEPUTY CLERK OF COURT
FOR THE COURT