SKETCHLER v. HERNANDEZ ADF (2021)

Supreme Court of Louisiana.

Erin and Owen C. SKETCHLER, Individually and on Behalf of Their Minor Son, Oliver Sketchler v. Daniel HERNANDEZ; Octabio Hernandez; Louis Paxton; Audwin D. Finley; ADF Enterprises, Inc.; Old American County Mutual Fire Insurance Company; National General Insurance Company; Cooper Insurance & Associates, Inc.; The State of Louisiana Through the Louisiana Department of Transportation and Development; Graco Children's Products, Inc.; & American Honda Motor Co., Inc.

No. 2020-C-01475

Decided: March 02, 2021

Writ application granted. See per curiam.

Writ granted. The judgment of the trial court is reversed, and the ruling of the appellate court is vacated for the reasons assigned by Judge Holdridge in his dissent. Per La. C.E. 702, the expert affidavits were provided by a competent expert, based on sufficient facts and data, utilizing reliable principles and methods, which the expert reliably applied to the facts of the case. We find that the affidavits and depositions produced by the applicant sufficiently proved the existence of genuine issues of material fact, precluding the granting of summary judgment. We remand to the trial court for further proceedings.

Hughes, J., would deny. Crain, J., recused.

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