Broussard v. Huffman Manufacturing Co.

PRESIDING JUSTICE BARRY,

dissenting:

I must dissent for two reasons.

Firstly, I believe the majority is in error in reversing the judgment of the trial court without remandment for a new trial. The majority opinion holds that the court erred in permitting Fred Schwartz to testify for the plaintiff as an expert witness and that without the testimony of Schwartz, there was no probative evidence to support the judgment. To reverse without remanding is to deny plaintiff the opportunity to prove his case without the testimony of Schwartz. The courts of this State have long held:

“Where, in a jury…