2021CW0404, 2021CW0605 Nonprecedential Writ granted in part, denied in part Processed

Jessica Arcement v. Blue Bayou Waterpark, LLC

Louisiana Court of Appeal, First Circuit · Filed July 6, 2021

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Opinion text

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

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DEPUTYLPRKOF COURT
FOR THE COURT