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Troquille v. Stirling Props., Inc.

Court of Appeals of Louisiana, Third Circuit

November 5, 2014

JANET TROQUILLE
v.
STIRLING PROPERTIES, INC., ET AL

APPEAL FROM THE NINTH JUDICIAL DISTRICT COURT, PARISH OF RAPIDES, NO. 246,019. HONORABLE MARY LAUVE DOGGETT, DISTRICT JUDGE.

Michael Thomas Johnson, Johnson & Siebeneicher, Alexandria, LA, COUNSEL FOR DEFENDANT-APPELLEE: Liberty Mutual Insurance Co., Stirling Properties, Inc.

Marvin Gros, Law Office of Marvin Gros, Donaldsonville, LA, COUNSEL FOR PLAINTIFF-APPELLANT: Janet Troquille.

Court composed of Jimmie C. Peters, Elizabeth A. Pickett, and Shannon J. Gremillion, Judges.

OPINION

[14-561 La.App. 3 Cir. 1] PICKETT, Judge.

Janet Troquille appeals the judgment of the trial court granting the motion for summary judgment filed by the defendants, Stirling Properties, Inc., and their insurer, Liberty Mutual Insurance Company.

STATEMENT OF THE CASE

While walking through a parking lot, Mrs. Troquille collided with a metal handicap sign atop a concrete pedestal. She suffered lacerations to her face. She sued Stirling Properties, the owner of the parking lot, and its insurer, Liberty Mutual (collectively " the defendants" ). In her deposition, Troquille admitted that she was talking to her husband and not watching

Page 678

where she was going at the time of the accident. The defendants filed a motion for summary judgment.

In opposition to the motion for summary judgment, Troquille included an affidavit from an expert, Mitchell A. Wood. The defendants filed a motion to strike the affidavit of Mr. Wood, alleging that it did not meet the reliability requirements of expert testimony found in La.Code Evid. art. 702. Following a hearing, the trial court granted the motion to strike the affidavit of Mr. Wood and granted the defendants motion for summary judgment. Mrs. Troquille appeals.

ASSIGNMENTS OF ERROR

On appeal, Mrs. Troquille asserts one assignment of error:

The district court erred in excluding the expert affidavit given by plaintiff's expert and in granting summary judgment ...

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