Nikki Brown Versus At&t Mobility Service, LLC and Feil Organization, LLC

NIKKI BROWN NO. 23-C-283

VERSUS FIFTH CIRCUIT

AT&T MOBILITY SERVICE, LLC AND COURT OF APPEAL
FEIL ORGANIZATION, LLC
STATE OF LOUISIANA

June 07, 2023

Linda Wiseman
First Deputy Clerk

IN RE NIKKI BROWN

APPLYING FOR SUPERVISORY WRIT FROM THE TWENTY-FOURTH JUDICIAL DISTRICT COURT,
PARISH OF JEFFERSON, STATE OF LOUISIANA, DIRECTED TO THE HONORABLE DONALD A.
ROWAN, JR., DIVISION "L", NUMBER 778-500

Panel composed of Judges Fredericka Homberg Wicker,
Jude G. Gravois, and Robert A. Chaisson

WRIT GRANTED; STAY DENIED

In this case arising from an injury sustained from a collapsing stool at a mall
kiosk, Nikki Brown seeks supervisory review of a May 17, 2023 judgment of the
trial court granting defendant AT&T Mobility Services, LLC’s Motion to Strike or
alternatively, Motion in Limine to Exclude her expert witness on economic
damages, Kevin C. Willis, CPA. Defendant’s motion is based upon its argument
that Ms. Brown has no medical evidence that any work restriction has been placed
upon Ms. Brown as a result of her injuries, and therefore there is no proper
foundation for Mr. Willis’ testimony.

Under Louisiana Code of Evidence Article 402, all relevant evidence is
admissible, except as otherwise provided by the Constitution of the United States,
the Constitution of Louisiana, the Code of Evidence, or other legislation. In
support of its motion, defendant introduced an excerpt from Ms. Brown’s
deposition (which was taken in 2019), an excerpt from her treating physician, Dr.
Shamieh’s, deposition, and a copy of an additional medical evaluation from
defendant’s medical expert, Dr. Aiken. Defendant did not introduce a copy of Mr.
Willis’ expert report, which contains the opinion that defendant seeks to exclude.

On the showing made, we find that the trial court abused its discretion in
granting defendant’s motion to strike Mr. Willis’ testimony at this stage of the
proceedings. Accordingly, we reverse the May 17, 2023 judgment of the trial
court and overrule defendant’s motion to exclude Ms. Brown’s expert witness.

Ms. Brown’s other requested relief, including the request for a stay of the trial
court proceedings, is denied.

Gretna, Louisiana, this 7th day of June, 2023.

RAC
FHW
JGG

SUSAN M. CHEHARDY CURTIS B. PURSELL

CHIEF JUDGE CLERK OF COURT

SUSAN S. BUCHHOLZ
FREDERICKA H. WICKER
CHIEF DEPUTY CLERK
JUDE G. GRAVOIS
MARC E. JOHNSON
ROBERT A. CHAISSON LINDA M. WISEMAN
STEPHEN J. WINDHORST
FIRST DEPUTY CLERK
JOHN J. MOLAISON, JR.
CORNELIUS E. REGAN, PRO TEM FIFTH CIRCUIT
MELISSA C. LEDET
JUDGES 101 DERBIGNY STREET (70053)
DIRECTOR OF CENTRAL STAFF
POST OFFICE BOX 489
GRETNA, LOUISIANA 70054 (504) 376-1400

(504) 376-1498 FAX
www.fifthcircuit.org

NOTICE OF DISPOSITION CERTIFICATE OF DELIVERY
I CERTIFY THAT A COPY OF THE DISPOSITION IN THE FOREGOING MATTER HAS BEEN
TRANSMITTED IN ACCORDANCE WITH UNIFORM RULES - COURT OF APPEAL, RULE 4-6 THIS
DAY 06/07/2023 TO THE TRIAL JUDGE, THE TRIAL COURT CLERK OF COURT, AND AT LEAST ONE OF
THE COUNSEL OF RECORD FOR EACH PARTY, AND TO EACH PARTY NOT REPRESENTED BY
COUNSEL, AS LISTED BELOW:

23-C-283
E-NOTIFIED
24th Judicial District Court (Clerk)
Honorable Donald A. Rowan, Jr. (DISTRICT JUDGE)
Christine L. DeSue (Relator)
Joshua M. Hudson (Respondent)

MAILED
Casie Z. Davidson (Respondent)
David F. Bienvenu (Respondent)
Windsor V. Richmond (Respondent)
Attorneys at Law
1100 Poydras Street
30th Floor
New Orleans, LA 70163

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• Complete Items 1, 2, and 3.
• Print yotM" name and address on the reverse
so that we can return the card to you.
• Attach this card to the back of the mallpleoia,
or on the front If space permits.
1. Artlcie Addressed to:

David F. Bienvenu
Attorney at Law
I l 00 Poydras Street
30th Floor
New Orleans, LA 70163
23-C-283 06-07-23
3. Servloe l)'pe 0 Pllollty Mall expresse
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2. Article Number (rransfer from service label) ~~.~~~Delivery g~=="' I
7 o1 b 2 o7 o aaaa a9 s4 7 9 81 'Reslrlcted DellY8IY Resll1Cted Oellvery

PS Form 3811, July 2015 PSN 7530-02-000-9053 Domestic Return Receipt i