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SUPREME COURT OF LOUISIANA
No. 99-C-2181 consolidated with 99-C-2257 INDEPENDENT FIRE INSURANCE COMPANY, ELIZABETH CANNON, WIFE OF AND NARY CANNON VERSUS SUNBEAM CORPORATION, SUNBEAM-OSTER COMPANY, INC. AND SUNBEAM-OSTER HOUSEWARES, INC., D/B/A SUNBEAM OUTDOOR PRODUCTS, AND RAY JENKINS AND/OR OTHA JENKINS D/B/A JENKINS TOWING AND JENKINS SHELL SERVICE STATION ON WRIT OF CERTIORARI TO THE COURT OF APPEAL, FIRST CIRCUIT, PARISH OF ST. TAMMANY VICTORY, J.* We granted these writs to determine whether Louisiana Code of Civil Procedure article 967 prohibits the consideration of expert opinion evidence, in the form of either affidavits or depositions, by the trial judge in deciding a motion for summary judgment. After reviewing the record and the applicable law, we reverse the decision of the court of appeal and hold that, assuming the expert opinion evidence would be admissible at trial, the trial court must consider the evidence at the summary judgment stage. Further, we also reverse the judgment of the trial court granting summary judgment in favor of the third-party defendants and remand this case to the trial court for trial on the merits. FACTS AND PROCEDURAL HISTORY Mr. Nary Cannon testified in his deposition as follows. On the evening of September 19, 1992, a fire started in his propane gas barbeque grill, which was manufactured by defendant, Sunbeam Corporation ("Sunbeam"). Mr. Cannon testified

*

Johnson, J., not on panel. Rule IV, Part 2,

Download 1999-C-2181 C/W 1999-C-2257 INDEPENDENT FIRE INSURANCE COMPANY, ELIZABETH CANNON

Louisiana Law