Christopher Bittola and Danna Bittola, Individually and on behalf of their minor child, Alexander Bittola v. Nekita Harmon, Old Republic Insurance Company, Gelco Corporation and 3M Company

• Court: Louisiana Court of Appeal
• Decided: January 21, 2022
• Docket: 2021CW1260
• Status: Unknown

Opinion

STATE OF LOUISIANA COURT OF APPEAL, FIRST CIRCUIT

CHRISTOPHER BITTOLA AND NO. 2021 CW 1260 DANNA BITTOLA, INDIVIDUALLY AND ON BEHALF OF THEIR MINOR CHILD, ALEXANDER BITTOLA

VERSUS

NEKITA HARMON, OLD REPUBLIC JANUARY 21, 2022 INSURANCE COMPANY, GELCO CORPORATION AND 3M COMPANY

In Re: Christopher Bittola, applying for writs, supervisory 22nd Judicial District Court, Parish St. of Tammany, No. 2018-- 10797.

BEFORE: MCCLENDON, WELCH, AND THERIOT, JJ.

WRIT DENIED. Plaintiff failed to meet his burden of proof on the motion in limine, as no evidence was formally introduced at the hearing. Evidence not and properly officially offered and introduced cannot be considered, even if it is physically placed in the record. Documents attached to memoranda do not

constitute evidence and cannot be considered as such on appeal. Denoux v. Vessel Management Services, Inc., 2007- 2143 ( La. 5/ 21/ 08), 983 So. 2d 84, 88.

Theriot, J., concurs and would deny the writ.

McClendon, J., concurs in part and dissents in part. An

expert witness may not give expert testimony beyond the scope of the field of expertise in which he is qualified. State v.

Williams, 615 So. 2d 1009, 1022 ( La. App. lst Cir.), writ denied, 619 So. 2d 543 ( La. 1993). biomechanics Specifically, a expert cannot testify as to whether the collision caused a plaintiff' s injuries since he is not a medical expert. See Collins v. Benton, 18- 7465, 2020 WL 3605942, at * 8( E. D. La. July 2, 2020). However, he can opine on the force of impact experienced by plaintiffs and how a hypothetical human body usually responds to such force, both of which the in may assist jury evaluating whether the collision caused the purported injuries and if so the extent of damages. Id.; see also Jones v. Bravata, 2018- 0837 ( La. App. lst Cir. 5/ 9/ 19), 280 So. 3d 226, writ denied, 2019- 01850 ( La. 2/ 26/ 20), 294 So. 3d 477. Accordingly, I would reverse in part the district court' s June 1, 2021 judgment denying the " Motion in Limine Regarding the Testimony of Wilson C. Hayes, Ph. D." filed by Plaintiff, Christopher Bittola, and grant the motion to exclude Dr. Hayes' s opinion as to medical causation. I would deny the writ application in all other respects.

RT OF AP AL, IRST CIRCUIT 1-41

DEPU L RK OF COURT FOR THE COURT