Bull Run Ranch, L.L.C. v. Petrie
Also decided on this docket: La., December 19, 2003 861 So. 2d 570
Bull Run Ranch, L.L.C. v. Petrie, 860 So. 2d 1104 (La. 2003).
Opinion text
| t CALOGERO, C.J., and VICTORY and WEIMER, JJ., dissenting from the writ denial. We would grant the writ. In our view, the trial court erred in excluding the accountant’s testimony for the following reasons: 1) The accountant is a fact eyewitness to the discussions and agreements at issue in the lawsuit. 2) Since the accountant was present with both plaintiff and defendant, any statements he may have heard would not be confidential communications under Louisiana Code of Evidence art. 415. 3) The trial court can limit the accountant’s testimony to non-eonfidential matters.