Morgan v. Lafourche Recreation Dist. No. 5

822 So. 2d 716, 2002 WL 1350444
CourtLouisiana Court of Appeal
DecidedJune 21, 2002
Docket2001 CA 1191
StatusPublished
Cited by12 cases

This text of 822 So. 2d 716 (Morgan v. Lafourche Recreation Dist. No. 5) is published on Counsel Stack Legal Research, covering Louisiana Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Morgan v. Lafourche Recreation Dist. No. 5, 822 So. 2d 716, 2002 WL 1350444 (La. Ct. App. 2002).

Opinion

822 So.2d 716 (2002)

Brent L. MORGAN, Jr.
v.
LAFOURCHE RECREATION DISTRICT NO. 5 and Lafourche Parish Through the Lafourche Parish Council.

No. 2001 CA 1191.

Court of Appeal of Louisiana, First Circuit.

June 21, 2002.

*717 Kerry P. Camarata, Thibodaux, for Plaintiff/Appellant, Brent L. Morgan, Jr.

*718 Danna E. Schwab, Houma, for Defendants/Appellees, Lafourche Recreation District No. 5 and Lafourche Parish.

Carl T. Conrad, Houma, for Defendant/Appellee, American Tennis Courts, Inc.

Lloyd W. Hayes, New Orleans, for Defendant/Appellee, World Class Athletic Surfaces, Inc.

Before: CARTER, C.J., PARRO and CLAIBORNE,[1] JJ.

CARTER, C.J.

On September 26, 1998, Brent L. Morgan, Jr. injured his left knee while playing basketball at a public court in Schneider Park in Chackbay. Morgan sued Lafourche Recreation District No. 5 and Lafourche Parish through the Lafourche Parish Council (Lafourche), the operators of the park; American Tennis Courts, Inc. (American), the contractor who surfaced the basketball court where Morgan was injured; and World Class Athletic Surfaces, Inc. (World), the manufacturer of the product used to surface the court. Morgan contends that the court surface had an improper coefficient of friction, one suitable for tennis but not for basketball, which was a legal cause of his knee injury, and that Lafourche is liable for operating a dangerous premises and failing to warn of the dangers of playing basketball on the inappropriate surface. He further contends that American and World failed to warn of the danger of surfacing a basketball court with a product designed for tennis courts.

American and World moved for summary judgment. American also moved to exclude the testimony of plaintiffs expert, Alan R. Caskey. Lafourche filed a similar motion to strike Caskey as an expert witness. After a hearing, the trial court granted the motions but stated that Caskey would be

limited at any trial of this matter to offering testimony only in his stated field of expertise, Recreation and Park Administration ... [and] would be prohibited from offering any testimony as to the causative link between [plaintiff's injury] and the surface applied to the half-tennis/half-basketball court in question, as well as prohibited from offering any testimony as to legal causation between the injury allegedly sustained and the surfacing product selected by defendant, Lafourche ..., and applied to that surface by defendant, American ....

The trial court also granted the motions of American and World for summary judgment and dismissed plaintiff's suit against them. Plaintiff appeals.

LIMITATION ON CASKEY'S EXPERT TESTIMONY

Plaintiff contends the trial court erred in limiting Caskey's testimony. Plaintiff submitted Caskey's affidavit in opposition to the motions for summary judgment. Caskey set forth the following qualifications in his affidavit. He has masters and doctorate degrees in recreation and parks administration; he has designed, specified, and supervised the construction of over 300 tennis courts and over 200 basketball courts, including specifying the coefficient of friction; he holds numerous professional memberships and certifications; he has investigated personal injuries on basketball courts for both plaintiffs and defendants; he has testified as an expert nationwide on matters including the design, construction, *719 and operation of tennis and basketball courts, including the coefficient of friction; and he has read numerous publications regarding standards for playing surfaces and their friction characteristics. He further stated in the affidavit that he had personally examined the surface of the court in question and measured its coefficient of friction; that he found that surface to be inappropriate, unsuitable, and unsafe for a basketball court because the frictional forces between the basketball shoe and the court surface would not allow release when a player attempted to rotate around his planted foot, greatly increasing the risk of knee injury; that the instances of knee injury are dramatically higher if basketball is played on a court surface with a coefficient of friction of .8 rather than the usual.5; that the sand-grit mix specified by Lafourche possessed an unsafe high coefficient of friction that is known to cause an unnecessary increase in knee injuries; and that American should have known that the product it installed was unsuitable for its intended use and should have informed Lafourche that the surface could have been made appropriate by deleting the sand from the specifications.

American and Lafourche's motions to limit Caskey's testimony were virtually identical. Both alleged that Caskey was not qualified to testify "as to the chemical properties and characteristics of the athletic court resurfacing material, or whether said material was properly selected for use or applied to the athletic court in question." The trial court, in ruling on the motions to exclude Caskey's testimony, stated that Caskey was "obviously an expert in his field of sports administration and recreation, the design of sports complexes and probably included in that expertise is the discretion to choose surfaces on the places that would be installed in a recreation complex." The court further stated that at trial Caskey would be able to give expert testimony about the proper surface required, but that it would be beyond Caskey's expertise to answer the ultimate question of whether plaintiff would have avoided injury had another surface been used.[2]

When the trial court is faced with a proffer of expert scientific testimony, the court must determine at the outset whether the expert is proposing to testify to scientific knowledge that will assist the trier of fact to understand or determine a fact in issue. LSA-C.E. art. 702; Independent Fire Ins. Co. v. Sunbeam Corp., 99-2181, pp. 12-13 (La.2/29/00), 755 So.2d 226, 234. The United States Supreme Court explained in Daubert v. Merrell Dow Pharms., Inc., 509 U.S. 579, 592, 113 S.Ct. 2786, 125 L.Ed.2d 469 (1993), that this would entail "a preliminary assessment of whether the reasoning or methodology underlying the testimony is scientifically valid and of whether that reasoning or methodology properly can be applied to the facts at issue." Louisiana has adopted the Daubert, standards for admissibility of expert opinion evidence at the summary judgment stage. Independent Fire, 99-2181, p. 14, 755 So.2d at 235.

Under the Louisiana Code of Evidence, an expert should be allowed to testify if his "scientific, technical, or other specialized knowledge will assist the trier of fact to understand the evidence or to determine a fact in issue." LSA-C.E. art. *720 702. Lafourche and American contend that only an engineer or physicist can competently address the "true meaning" of a coefficient of friction. Defendants have not deposed Caskey, but based on his affidavit, it appears he has extensive experience with selecting a surface with the proper coefficient of friction for a court surface. An expert may be qualified not only by his education, but by "knowledge, skill, experience, [and] training." Caskey's knowledge, skill, experience, and training, as set forth in his affidavit, qualify him to testify regarding the proper surface and, concomitantly, the effects of having an improper surface.

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Bluebook (online)
822 So. 2d 716, 2002 WL 1350444, Counsel Stack Legal Research, https://law.counselstack.com/opinion/morgan-v-lafourche-recreation-dist-no-5-lactapp-2002.