Carpenter v. Besco Corp.

I regretfully dissent from this Court’s majority opinion remanding this case to the district court to be tried again before a jury. The record is complete and should be handled in accord with judicial economy and Gonzales v. Xerox, 320 So.2d 163 (La.1975).

I respectfully dissent for the reasons set forth previously. Carpenter v. Besco Corp., 521 So.2d 421, 427 (1988). Additionally, I should point out, during oral argument counsel for plaintiff admitted that no proffer of proof was tendered to the excluded testimony of Dr. Nix during the trial of this case. Further, plaintiff’s counsel…