Hamp's Construction, LLC v. State of Louisiana, Department of Transportation and Development

• Court: Louisiana Court of Appeal
• Decided: February 1, 2023
• Docket: 2022CW0928
• Status: Unknown

Opinion

Office Of The Clerk Court of Appeal, First Circuit State of Louisiana www.la-fcca.org Rodd Naquin Post Office Box 4408 Clerk of Court Baton Rouge, LA 70821-4408 Notice of Judgment and Disposition (225) 382-3000

February 01, 2023

Docket Number: 2022 - CW - 0928

Hamp's Construction, LLC versus State of Louisiana, Department of Transportation and Development

TO: Kirk A. Bergeron Jonathan S. Giepert 1201 Capital Access Rd., RrT 3501 N. Causeway Blvd., Sui P.O. Box 94245 Metairie, LA 70002 Baton Rouge, LA 70804-9245

Amanda D. Hogue John I. Hulse IV Conroy Law Firm 3501 N. Causeway Boulevarc jih@conroylawfirm.com Suite 500 Metairie, LA 70002 ahogue@conroylawfirm.com

Mitchell A. Palmer Hon. Trudy White Thornhill & Collings, L.C. 300 North Blvd 1308 Ninth Street Suite 6201 Slidell, LA 70458 Baton Rouge, LA 70802 mitchell@rboweslaw.com

In accordance with Local Rule 6 of the Court of Appeal, First Circuit, I hereby certify that this notice of judgment and disposition and the attached disposition were transmitted this date to the trial judge or equivalent, all counsel of record, and all parties not represented by counsel.

RODD NAQUIN CLERK OF COURT STATE OF LOUISIANA COURT OF APPEAL, FIRST CIRCUIT HAMP'S CONSTRUCTION, LLC NO. 2022 CW 0928 VERSUS STATE OF LOUISIANA, FEBRUARY 1, 2023 DEPARTMENT OF TRANSPORTATION AND DEVELOPMENT

In Re: Hamp's Construction, LLC, applying for supervisory writs, 19th Judicial District Court, Parish of East Baton Rouge, No. 639857.

BEFORE: GUIDRY, C.J., WOLFE AND MILLER, JJ.

WRIT GRANTED. A motion in limine is a device to test the admissibility of evidence prior to trial as an extension of the trial court's gatekeeper function for which great deference is afforded. It is not intended to resolve issues of law, such as the contractual and statutory interpretations at issue. Succession of Shaw v. Alexandria Inv. Grp., LLC, 2017-582 (La. App. 3d Cir. 7/26/17), 248 So.3d 332. The scope of a motion in limine was exceeded in this case. Here, for the trial court to find that the scope of admissible evidence of damages is limited to the costs recoverable under the provisions of Section 108.11 of the contract necessarily required findings from the trial court that exceed the court's gatekeeper function. Such findings exceed the purpose and limits of a motion in limine. Moreover, the effective result of the trial court's findings essentially dismissed plaintiff's detrimental reliance claims without a disposi ti ve motion. As such, the trial court's June 27, 2022 judgment which granted defendant's, Louisiana Department of Transportation and Development's, motions in limine are reversed and the motions in limine are denied.

JMG EW SMM

COURT OF APPEAL, FIRST CIRCUIT

DEPUTY CLERK OF COURT FOR THE COURT