Jessica Arcement v. Blue Bayou Waterpark, LLC

STATE OF LOUISIANA COURT OF APPEAL, FIRST CIRCUIT JESSICA ARCEMENT, LAUREN NO. 2021 CW 0404 CHAGNARD, AMANDA CONRAD, AND CONSOLIDATED WITH WENDELL CONRAD VERSUS NO. 2021 CW 0605 BLUE BAYOU WATERPARK, LLC JULY 6, 2021 AND DIXIE LANDIN, LLC In Re: Jessica Arcement, Lauren Chagnard, and Amanda Conrad, applying for supervisory writs, 19th Judicial District Court, Parish of East Baton Rouge, No. 648, 978. BEFORE: CHUTZ, PENZATO, AND LANIER, JJ. WRIT GRANTED IN PART, DENIED IN PART. The portion of the trial court' s March 15, 2021 judgment that granted in part defendants' Daubert Motion to Exclude the Report and Anticipated Testimony of William Avery is vacated. The trial court' s failure to comply with La. Code Civ. P. art. 1425( F) constitutes legal error. Robertson v. Doug Ashy Building Materials, Inc., 2010- 1552 ( La. App. 1st Cir. 10/ 4/ 11), 77 So. 3d 339 , 358- 359, writs denied, 2011- 2430, 2011- 2468 ( La. 1/ 13/ 12), 77 So. 3d 972 , 973. This matter is remanded to the trial court. In all other respects, the writ application is denied. WRC AHP WIL COURT OF APPEAL, FIRST CIRCUIT PA.4 1/ Ik DEPUTYLPRKOF COURT FOR THE COURT