Opinion
NO. 2017 CW 0104
04-18-2017
ANTHONY MATTHEWS v. THE BATON ROUGE WATER WORKS COMPANY AND AMERICAN ALTERNATIVE INSURANCE COMPANY
In Re: The Baton Rouge Water Works Company and American Alternative Insurance Company, applying for supervisory writs, 19th Judicial District Court, Parish of East Baton Rouge, No. 588858. BEFORE: PETTI GREW, McDONALD AND PENZATO, JJ.
WRIT GRANTED. The district court's January 9, 2017 ruling is reversed, and judgment is hereby rendered denying the plaintiff's Motion in Limine. The alcohol and marijuana evidence on March 27, 2009 and the morning of March 28, 2009, prior to the plaintiff's accident, is probative, and it is admissible because its probative value is not outweighed by any prejudicial effect it might have on the trier of fact. See La. Code Evid. arts. 401 & 403; and Soileau v. State ex rel. Dept. of Transp. and Development of State of La., 97-1541 (La. App. 3d Cir. 12/9/98), 724 So.2d 834. Furthermore, the evidence may be admissible for the purpose of attacking the credibility of the plaintiff at trial, pursuant to La. Code Evid. art. 607. The question of admissibility of the evidence at trial for purposes of attacking the credibility of a witness is to be determined in light of whether the probative value of admitting the evidence outweighs its prejudicial effect, pursuant to La. Code Evid. art. 607(D)(2). The matter is remanded for proceedings consistent with this action.
JTP
JMM
AHP
COURT OF APPEAL, FIRST CIRCUIT /s/_________
DEPUTY CLERK OF COURT
FOR THE COURT