No. 96-CC-2291 Precedential Set aside Processed

Johnsey v. McCalla

Louisiana Supreme Court · Filed September 24, 1996 · 680 So. 2d 1163

Cited by

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Vincent v. Milligan 916 So. 2d 238 La. Ct. App. 1st Cir. 2005
CITGO v. State Ex Rel. Dept. of Rev. 845 So. 2d 558 La. Ct. App. 1st Cir. 2003
Boutte v. Jefferson Parish Hospital Service District No. 1 807 So. 2d 895 La. Ct. App. 1st Cir. 2002
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Craig v. K & K Insurance Group, Inc. 780 So. 2d 1249 La. Ct. App. 1st Cir. 2001
Cheney v. Coregis Insurance 782 So. 2d 1121 La. Ct. App. 1st Cir. 2001
Kyser v. Metro Ambulance, Inc. 764 So. 2d 215 La. Ct. App. 2d Cir. 2000

Opinion text

PER CURIAM. Granted. The April 30 ruling of the trial court is set aside. The trial court abused its discretion in limiting the expert witnesses to those identified to plaintiffs before April 30, in view of (1) the fact that there had been no pretrial order and (2) the lack of prejudice to plaintiffs because the trial was not set until October 7, which allowed over five months to depose the new expert and prepare to meet his evidence. Defendants may call Dr. David McCoy as an expert witness. If plaintiffs need additional time as a result of this order, the trial judge should grant a reasonable continuance. KIMBALL, J., would deny the writ. JOHNSON, J., would deny the writ. CALOGERO, C.J., not on panel.