INDEPENDENT FIRE INSURANCE COMPANY, Elizabeth Cannon, wife of and Nary Cannon
v.
SUNBEAM CORPORATION, Sunbeam-Oster Company, Inc. and Sunbeam-Oster Housewares, Inc., d/b/a Sunbeam Outdoor Products, and Ray Jenkins and/or Otha Jenkins d/b/a Jenkins Towing and Jenkins Shell Service Station.
Supreme Court of Louisiana.https://leagle.com/images/logo.png
February 29, 2000.
Rehearing Denied April 7, 2000.
Attorney(s) appearing for the Case
Bernard J. Rice, III, Gretna, Counsel for Applicant in No. 99-C-2257.
Lawrence Emerson Abbott, Paul Eric Harrison, Stephen Busch Panus, Margaret Diamond, Richard Bouligny Eason, II, Colvin Gamble Norwood, Jr., New Orleans, Barry Francis Viosca, Metairie, Counsel for Respondent in 99-C-2257.
Margaret Diamond, Richard Bouligny Eason, II, Colvin Gamble Norwood, Jr., New Orleans, Counsel for Applicant in No. 99-C-2181.
Lawrence Emerson Abbott, Paul Eric Harrison, Stephen Busch Panus, New Orleans, Bernard J. Rice, III, Gretna, Counsel for Respondent in No. 99-C-2181.
John J. Weigel, New Orleans, Counsel for amicus curiae Louisiana Association of Defense Counsel.
Supreme Court of Louisiana.
VICTORY, J.*
We granted these writs to determine whether Louisiana Code of Civil Procedure article 967 prohibits the consideration of expert opinion evidence, in the form of either affidavits or depositions, by the trial judge in deciding a motion for summary judgment. After reviewing the record and the applicable law, we reverse the decision of the court of appeal and hold that, assuming the...
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