Erin And Owen C. Sketchler, Individually And On Behalf Of Their Minor Son, Oliver Sketchler v. Daniel Hernandez; Octabio Hernandez; Louis Paxton

Supreme Court of Louisiana
March 02, 2021
Clerk of Court
For the Court
The Supreme Court of the State of Louisiana
ERIN AND OWEN C. SKETCHLER,
INDIVIDUALLY AND ON BEHALF OF THEIR
MINOR SON, OLIVER SKETCHLER
VS.
DANIEL HERNANDEZ; OCTABIO
HERNANDEZ; LOUIS PAXTON; AUDWIN D.
FINLEY; ADF ENTERPRISES, INC.
; OLD
AMERICAN COUNTY MUTUAL FIRE
INSURANCE COMPANY; NATIONAL
GENERAL INSURANCE COMPANY; COOPER
INSURANCE & ASSOCIATES, INC.; THE
STATE OF LOUISIANA THROUGH THE
LOUISIANA DEPARTMENT OF
TRANSPORTATION AND DEVELOPMENT;
GRACO CHILDREN'S
PRODUCTS, INC.; &
AMERICAN HONDA MOTOR CO., INC.
No.2020-C-01475
_ _
_ _ _ _
I
N RE: Erin Sketchler - Applicant Plaintiff; Owen C. Sketchler - Applicant Plaintiff;
Oliver Sketchler - Applicant Plaintiff; Applying For Writ Of Certiorari, Parish of
Tangipahoa, 21st Judicial District Court Number(s) 2015-0001152, 1st Circuit Court
of Appeal, Number(s) 2018-CA-1634;
_ _ _ _ _ _
March 02, 2021
Writ application granted. See per curiam.
Hughes, J., would deny.
Crain, J., recused.
JBM
JLW
SJC
JTG
PDG
03/02/2021 "See News Release 008 for any Concurrences and/or Dissents."

SUPREME COURT OF LOUISIANA
No. 2020-C-01475
ERIN AND OWEN C. SKETCHLER, INDIVIDUALLY AND ON BEHALF
OF THEIR MINOR SON, OLIVER SKETCHLER
VS.
DANIEL HERNANDEZ; OCTABIO HERNANDEZ; LOUIS PAXTON;
AUDWIN D. FINLEY; ADF ENTERPRISES, INC.; OLD AMERICAN
COUNTY MUTUAL FIRE INSURANCE COMPANY; NATIONAL
GENERAL INSURANCE COMPANY; COOPER INSURANCE &
ASSOCIATES, INC.; THE STATE OF LOUISIANA THROUGH THE
LOUISIANA DEPARTMENT OF TRANSPORTATION AND
DEVELOPMENT; GRACO CHILDREN'S PRODUCTS, INC.; &
AMERICAN HONDA MOTOR CO., INC.
On Writ of Certiorari to the First Circuit Court of Appeal, Parish of Tangipahoa
PER CURIAM
Writ granted. The judgment of the trial court is reversed, and the ruling of the
appellate court is vacated for the reasons assigned by Judge Holdridge in his dissent.
Per La. C.E. 702, the expert affidavits were provided by a competent expert, based
on sufficient facts and data, utilizing reliable principles and methods, which the
expert reliably applied to the facts of the case. We find that the af fidavits and
depositions produced by the applicant sufficiently proved the existence of genuine
issues of material fact, precluding the granting of summary judgment. We remand
to the trial court for further proceedings.
03/02/21