Opinion
NO. 2017 CW 1140
08-28-2017
MELVIN G. SINGLETON AND KATHLEEN SINGLETON v. CETCO ENERGY SERVICES, L.L.C., ACE AMERICAN INSURANCE COMPANY, LEXINGTON INSURANCE COMPANY (GENERAL LIABILITY POLICY), LEXINGTON INSURANCE COMPANY (EXCESS POLICY), AIRGAS USA L.L.C., CENTRAL , INC., NATIONAL UNION FIRE INSURANCE COMPANY, INSURANCE CO. OF THE STATE OF PENNSYLVANIA, ILLINOIS NATIONAL INSURANCE COMPANY, AMERICAN INTERNATIONL GROUP, INC. - NEW YORK, MERCER VALVE COMPANY, INC., CS&P TECHNOLOGIES LP, STANDARD INSTRUMENT SERVICES, INC.
In Re: CETGO Energy Services, LLC and Airgas USA, LLC, applying for supervisory writs, 23rd Judicial District Court, Parish of Ascension, No. 108393 c/w 110212. BEFORE: GUIDRY, PETTIGREW AND CRAIN, JJ.
WRIT GRANTED IN PART, DENIED IN PART. The August 1, 2017 judgment granting Motion in Limine to Exclude CFI's Nitrogen Hose and Manifold Removal Memo is vacated. The trial court abused its discretion in excluding the documents based on a finding that they were privileged under the work product doctrine. To the extent that the documents sought to be excluded in the Motion in Limine to Exclude CFI's Nitrogen Hose and Manifold Removal Memo are protected by the work product as provided in La. Code Civ. P. art. 1424, the documents were voluntarily produced during discovery and any such privilege was waived. Cooper v. Public Belt R.R., 2002-2051 (La. App. 4th Cir. 1/22/03), 839 So.2d 181, 185. See also, Maldonado v. Kiewit Louisiana Co., 2012-1868 (La. App. 1st Cir. 5/30/14), 152 So.3d 909, 922, writ denied, 2014-2246 (La. 1/16/15), 157 So.3d 1129 (the privilege created by the work product doctrine is qualified, not absolute).
The portion of the trial court's August 1, 2017 judgment granting the Motion in Limine to Exclude the Expert Testimony of J. David Morgan is vacated. The trial court's failure to comply with La. Code Civ. P. art. 1425(F)(4) constitutes legal error. Robertson v. Doug Ashy Building Materials, Inc., 2010-1552 (La. App. 1st Cir. 10/4/11), 77 So.3d 339, 358-359, writs denied, 2011-2430, 2011-2468 (La. 1/13/12), 77 So.3d 972, 973.
In all other respects, the writ application is denied. This matter is remanded to the trial court for further proceedings not inconsistent with this action.
JTP
WJC
JMG
COURT OF APPEAL, FIRST CIRCUIT /s/_________
DEPUTY CLERK OF COURT
FOR THE COURT