No. 93-CC-2883 Precedential Processed

Bartlett v. Browning-Ferris Industries Chemical Service, Inc.

Louisiana Supreme Court · Filed November 23, 1993 · 629 So. 2d 404

Cited by

Hebert v. St. Paul Fire and Marine Ins. 757 So. 2d 814 La. Ct. App. 4th Cir. 2000
Guerra v. White 755 So. 2d 894 La. Ct. App. 4th Cir. 1999
Brennan v. BOARD OF TRUSTEES FOR UNIV. OF LOUISIANA SYSTEMS 691 So. 2d 324 La. Ct. App. 1st Cir. 1997
Rapp v. City of New Orleans 681 So. 2d 433 La. Ct. App. 4th Cir. 1996
Gordon v. Southern United Fire Ins. Co. 679 So. 2d 582 La. Ct. App. 4th Cir. 1996
Osborne v. Vulcan Foundry, Inc. 675 So. 2d 837 La. Ct. App. 4th Cir. 1996
Fontenot v. Henderson 670 So. 2d 489 La. Ct. App. 4th Cir. 1996
Jeffers v. Thorpe 673 So. 2d 202 La. Ct. App. 4th Cir. 1996
Bridges v. Carl E. Woodward, Inc. 663 So. 2d 458 La. Ct. App. 4th Cir. 1995
S. Cent. Bell Tel. Co. v. Sewerage and Water Bd. 652 So. 2d 1090 La. Ct. App. 4th Cir. 1995
In Re Viviano 645 So. 2d 1301 La. Ct. App. 4th Cir. 1994
Davidson v. Pan American Life Insurance Co. 637 So. 2d 1276 La. Ct. App. 1st Cir. 1994

Opinion text

WATSON, J., would grant the writ. The plaintiffs should be able to introduce in evidence the EPA report prepared by the governmental agency as its introduction is specifically allowed by an exception to the hearsay rule. La.Code Evid. art. 803(8)(a)(iii) provides: “The following are not excluded by the hearsay rule, even though the declarant is available as a witness: (8)(a) Records, reports, statements, or date compilations, in any form, of a public office or agency setting forth: (iii) Factual findings resulting from an investigation made pursuant to authority granted by law. Factual findings are conclusions of fact reached by a governmental agency and may be based upon information furnished to it by persons other than agents and employees of that agency.” The plaintiffs have stipulated no portion of the report shall be admitted which would enlarge the pleadings. DENNIS, J., would grant the writ for the reasons assigned by WATSON, J. ORTIQUE, J., not on panel.