Rosemary Comena v. Cecil P. Smith, DS Services of America, Inc., and Safety National Casualty Corporation

STATE OF LOUISIANA
COURT OF APPEAL, FIRST CIRCUIT

ROSEMARY COMENA NO. 2019 CW 1498

VERSUS

CECIL P. SMITH, DS SERVICES
OF AMERICA, INC., AND SAFETY
MAR 13 2020
NATIONAL CASUALTY
CORPORATION

In Re: Cecil P. Smith, DS Services of America, Inc. and
Safety National Casualty Corporation, applying for
supervisory writs, 19th Judicial District Court,
Parish of East Baton Rouge, No. 656231.

BEFORE: McDONALD, WELCH, THERIOT, HOLDRIDGE, AND CHUTZ, JJ.

WRIT DENIED.
JEW
WRC

Holdridge, J., concurs. This action does not preclude
relator from re -urging the request that the expert' s testimony
not related to the causation
issue be admitted into evidence at

trial if it can be shown that said testimony is admissible.
McDonald and Theriot, JJ., concur in part and dissent in
part. We concur in the denial of the writ as to the exclusion
of Dr. Torrence Welch' s opinion
regarding medical causation of
the plaintiff' s, Comena' s,
Rosemary injuries; however, we
dissent and would grant the writ application in part to the
extent that the trial court' s June 21, 2019 judgment excludes
the remainder of Dr. Welch' s testimony, which may be admissible
upon proper foundation at trial.

COURT OF APPEAL, FIRST CIRCUIT

DEPUT*
V
CERX OF COURT
FOR THE COURT