Dana Neumann, Individually and on behalf of Joshua Neumann, Justin Neumann and Jesse Neumann v. L&B Transport, L.L.C., Trailer Management International, LLC a/k/a TMI, Inc., Gerardo Arreola, Millennium Transport Unlimited, Inc., The Insurance Company of the State of Pennsylvania, ABC Insurance Company, and DEF Insurance Company

STATE OF LOUISIANA

COURT OF APPEAL, FIRST CIRCUIT

DANA NEUMANN, INDIVIDUALLY AND ON NO. 2019 CW 1505
BEHALF OF JOSHUA NEUMANN, JUSTIN

NEUMANN AND JESSE NEUMANN

VERSUS

L& B TRANSPORT, L. L. C., TRAILER
MANAGEMENT INTERNATIONAL, LLC A/ K/ A
TMI, INC., GERARDO ARREOLA, MILLENNIUM

TRANSPORT UNLIMITED, INC., THE
INSURANCE COMPANY OF THE STATE OF JAN D 6 2020
PENNSYLVANIA, ABC INSURANCE COMPANY,
AND DEF INSURANCE COMPANY

In Re: L& B Transport, L. L. C., Trailer Management

International, LLC a/ k/ a TMI, Inc., Gerardo Arreola,

and The Insurance Company of the State of Pennsylvania
and Lexington Insurance Company, applying for

supervisory writs, 22nd Judicial District Court,
Parish of St. Tammany, No. 2014- 13640.

BEFORE: WHIPPLE, C. J., GUIDRY AND BURRIS, 1 JJ.

WRIT DENIED. See Herlitz Construction Co., Inc. v. Hotel
Investors of New Iberia, Inc., 396 So. 2d 878 ( La. 1981) ( per

curiam).

vGW

WJB

Guidry, J., dissents and would grant the writ application.

I would reverse the portion of the district court' s October 30,
2019 judgment granting the Plaintiffs' " Motion in Limine and

Daubert Motion to Exclude Evidence and Opinions Regarding
Alcohol Testing Results" in part. The district court abused its
discretion in excluding the forensic test results and any
reference thereto. Louisiana Revised Statutes 32: 663( C)
provides that issuance of a permit by the Department of Public

Safety and Corrections to a certified laboratory makes all

laboratory forensic test results conducted on a person' s blood,
urine, or other bodily substance by a laboratory " valid under

the provisions of this Part, and admissible and competent

evidence of intoxication in any court of law or administrative

hearing." Evidence of such a permit was introduced at the

hearing. Therefore, I find that the issues presented go to the
weight of the evidence rather than its admissibility and can be
adequately explored through cross- examination.

COUE.::_ APPEAL, FIRST CIRCUIT

JA Did wd

DEPUTY rL R OF COURT
FOR THE COURT

Judge William J. Burris, retired, serving pro tempore by special appointment
of the Louisiana Supreme Court.