SHORT v. RACETRAC PETROLEUM INC (2023)

Supreme Court of Louisiana.

Craig R. SHORT v. RACETRAC PETROLEUM, INC. Individually and d/b/a Racetrac John Doe, Def Insurance Company, John Doe, Inc. and Def Insurance Company

No. 2023-C-00535

Decided: June 07, 2023

Writ application denied.

I agree with Judge Welch's partial dissent that the plaintiff's expert's testimony should go to the weight of the evidence rather than be excluded under Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579, 113 S.Ct. 2786, 125 L.Ed.2d 469 (1993). However, I agree with the denial of the writ application because it presents no reason under La. Sup. Ct. Rule X, Sec. 1, to merit this court's review.

Hughes, J., would grant in part, deny in part for reasons assigned by Judge Welch. Genovese, J., would grant in part, deny in part for reasons assigned by Judge Welch. McCallum, J., concurs and assigns reasons. Griffin, J., would grant in part, deny in part for reasons assigned by Judge Welch.

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