Marvel Hughes v. Melanie Dotson, Gordon Dotson and Allstate Insurance Company

STATE OF LOUISIANA

COURT OF APPEAL, FIRST CIRCUIT

MARVEL HUGHES NO. 2021 CW 1350

VERSUS

MELANIE DOTSON, GORDON
DOTSON AND ALLSTATE
INSURANCE COMPANY MARCH 10, 2022

In Re: Melanie Dotson, Gordon Dotson, and Allstate Insurance
Company, applying for supervisory writs, 19th Judicial
District Court, Parish of East Baton Rouge, No.
666795.

BEFORE: WHIPPLE, C. J., MCCLENDON AND THERIOT, JJ.

WRIT DENIED.

VGW
MRT

McClendon, J., dissents and would grant the writ

application. I find that Dr. Dammers is qualified to testify in
the field of
neuropsychology, and that neuropsychologists have
generally been found qualified to testify as to the effects of
head injuries from accidents. See Leidelmeijen v. Ferncrest
Manor Nursing Home Luba Workers' Comp., 2015- 1216 ( La. App. 4th
Cir. 3/ 16/ 16), 191 So. 3d 38, 42- 44. the
Accordingly, complete

pretrial exclusion from
of all
testimony and evidence Dr.
Dammers was an abuse of discretion. Any specific, timely
objections to the testimony of Dr. Dammers may be handled by the
trial court as they arise at trial. See La. Code Evid, art.
103( A). Accordingly, I would reverse the portion of the trial
court' s May 24, 2021 judgment which granted plaintiff, Marvel
Hughes' s, motion in limine to strike and/ or exclude the IME, any
testimony documentary
and evidence by Dr. Paul M. Dammers and

deny the motion in limine.

COURT OF APPEAL, FIRST CIRCUIT

41Z.

2 bRV-1
DEPUTY CLERV OF COURT
FOR THE COURT