Adolph v. Lighthouse Property Insurance Corp.
Louisiana Court of Appeal
1ConcurrenceCrain, J.
|,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…
2Cases cited3 opinions
- Smith v. Cajun Insulation, Inc.Supreme Court of Louisiana · 1980
- Greene v. Succession of AlvaradoLouisiana Court of Appeal · 2016
- Shepherd v. SchedlerSupreme Court of Louisiana · 2016