Gustave J. Labarre, Jr. v. Occidental Chemical Company

STATE OF LOUISIANA

COURT OF APPEAL, FIRST CIRCUIT

GUSTAVE J. LABARRE, JR., ET NO. 2021 CW 1428
AL.

VERSUS

OCCIDENTAL CHEMICAL COMPANY, JANUARY 31, 2022
ET AL.

In Re: National Union Fire Insurance Company of Pittsburgh,
PA, and AIG Specialty Insurance Company applying for
supervisory writs, 23rd Judicial District Court,
Parish of Assumption, No. 33796.

BEFORE: MCDONALD, WELCH, PENZATO, LANIER, AND WOLFE, JJ.

WRIT GRANTED. The trial court' s October 14, 2021 judgment
granting Texas Brine Company, LLC' s Motion in Limine to Exclude
Argument and Evidence Regarding Defense Costs Not at Issue in
This Litigation is reversed. The challenged evidence is relevant
to the matters currently set to be tried in April 2022, and

Texas Brine failed to demonstrate that the evidence' s probative

value is outweighed by any alleged prejudice. Thus, the trial
court abused its discretion by granting the motion. Barnett v.
Woodburn, 2020- 0675 ( La. App. lst Cir. 4/ 16/ 21), 324 So. 3d 641,
646. See also Bridges v. Baton Rouge General Medical Center,
2020- 0270 ( La. App. 1st Cir. 12/ 30/ 20), 317 So. 3d 662, 674, writ

denied, 2021- 00144 ( La. 4/ 7/ 21), 313 So. 3d 985 ( Courts are to

resolve the admissibility of evidence in favor of receiving the
evidence). The Motion in Limine to Exclude Argument and Evidence
Regarding Defense Costs Not at Issue in This Litigation filed by
Texas Brine Company, LLC is denied.

JMM
JEW
ASP
WIL

Wolfe, J., dissents and would deny the writ. The criteria
set forth in Herlitz Construction Co., Inc. v. Hotel Investors
of New Iberia, Inc., 396 So. 2d 878 ( La. 1981) ( per curiam) are

not met.

COURT OF APPEAL, FIRST CIRCUIT

I

t
EPUTY CLE K OF COURT
FOR THE COURT