Adolph v. Lighthouse Property Insurance Corp.

|,I agree the trial court abused its discretion in excluding the affidavit of plaintiffs’ expert, and the judgment granting summary judgment in favor of the defendant should be vacated. However, I arrive at those conclusions for different reasons and do not subscribe to the majority’s analysis.

The summary judgment procedure specifically requires that expert affidavits “affirmatively show that the affiant is competent to testify to the matters stated therein.” La. Code Civ. Pro. art. 967A.“ The summary judgment procedure further specifies that “[t]he court may consider only those documents…