State of Louisiana, Department of Transportation and Development v. P & F Lumber Company (2000), LLC PF Monroe Properties, LLC Markle Interests, LLC Weyerhaeuser Company and, St. Tammany Land Co., LLC

STATE OF LOUISIANA
COURT OF APPEAL, FIRST CIRCUIT
STATE OF LOUISIANA, NO. 2024 CW 0307
DEPARTMENT OF TRANSPORTATION
AND DEVELOPMENT
VERSUS
P & F LUMBER COMPANY (2000),
LLC; PF MONROE PROPERTIES,
LLC; MARKLE INTERESTS, LLC; APRIL 17, 2024
WEYERHAEUSER COMPANY; AND
ST. TAMMANY LAND CO., LLC

In Re: State of Louisiana, Department of Transportation and
Development, applying for supervisory writs, 22nd
Judicial District Court, Parish of St. Tammany, No.
202113398.

BEFORE: THERIOT, PENZATO, AND GREENE, JJ.

WRIT GRANTED. The trial court abused its discretion when
it excluded Plaintiff's, State of Louisiana, Department of
Transportation and Development's (DOTO) expert, Ashton Ray, from
testifying at trial. There is no evidence that DOTO violated a
scheduling order, refused to provide expert reports, or
prevented Defendants from conducting a deposition of DOTD's
expert. As such, while the trial court has great discretion in
conducting trial and discovery, the facts submitted herein
indicate the trial court abused such discretion in excluding
DOTO' s expert witness, Ashton Ray. See Johnson v. E. I. DuPont
deNemours & Co., Inc., 2008-628 (La. App. 5th Cir. 1/13/09), 7
So.3d 734; Fowler v. Bauman, 95-0145 (La. App. 4th Cir.
10/12/95), 663 So.2d 438. Accordingly, the trial court's ruling
is reversed and DOTD's expert, Ashton Ray, is not excluded from
testifying in this matter.

MRT
AHP
HG

COURT OF APPEAL, FIRST CIRCUIT

DEPUTY CLERK OF COURT
FOR THE COURT