2021CW0738 Nonprecedential Writ granted in part; writ denied in part Processed

Debra and Russell Marbury v. Cracker Barrel Old Country Store, Inc. and Safety National Casualty Corporation

Louisiana Court of Appeal, First Circuit · Filed October 12, 2021

Opinion text

STATE OF LOUISIANA

COURT OF APPEAL, FIRST CIRCUIT

DEBRA AND RUSSELL MARBURY NO. 2021 CW 0738

VERSUS

CRACKER BARREL OLD COUNTRY
STORE, INC. AND SAFETY
NATIONAL CASUALTY OCT 12 2021
CORPORATION

In Re: Cracker Barrel Old Country Store, Inc., Safety
National Casualty Corporation, Allied World National
Assurance Company and Megan Childers, applying for

supervisory writs, 19th Judicial District Court,
Parish of East Baton Rouge, No. 668769.

BEFORE: GUIDRY, HOLDRIDGE, AND CHUTZ, JJ.

WRIT GRANTED IN PART; WRIT DENIED IN PART. The trial
court' s June 3, 2021 Judgment, denying Cracker Barrel Old

Country Store, Inc. and Safety National Casualty Corp.' s
Daubert- Foret Motion to Exclude Testimony of Robin B. DiPietro,
Ph. D., is reversed in part only to add that in accordance with

the trial court' s oral reasons, Robin B. DiPetro, Ph. D., is
qualified as an expert in restaurant industry standards only. We
grant the writ in this regard. In all other respects, the writ
is denied.

JMG
GH
WRC

COURT OF APPEAL, FIRST CIRCUIT

1

D CLERK OF COURT
FOR THE COURT