Moory v. Allstate Insurance Co.2/11/2005
In this personal injury action, plaintiff, Emma D. Moory, appeals the trial court's judgment finding in favor of defendants and dismissing her claim with prejudice. For the reasons that follow, we affirm.
FACTS AND PROCEDURAL HISTORY
On June 23, 1997, Mrs. Moory underwent abdominal surgery at Ochsner Hospital in New Orleans. She remained in the hospital for three days, and following her discharge, stayed with her daughter and son-in-law, Connie and Elliott Roberts (the Robertses), at their home in Mandeville. On June 29, 1997, while taking a shower in the home, Mrs. Moory slipped and fell.
Thereafter, Mrs. Moory filed a petition for damages, naming the Robertses and their insurer, Allstate Insurance Company, as defendants and alleging claims based in negligence and strict liability. Prior to the trial of this matter, the defendants filed a motion in limine, seeking to exclude the testimony of Mrs. Moory's expert, James J. Frey, Jr. On the first day of trial, the trial court heard arguments on the motion and subsequently ruled in favor of the defendants.
Following the three-day trial on the merits, the jury returned a verdict in favor of the defendants, finding they were not at fault in the accident. The trial court signed a judgment reflecting the jury's verdict and dismissed Mrs. Moory's claims with prejudice. Thereafter, Mrs. Moory filed a motion for judgment notwithstanding the verdict or alternatively, a motion for new trial, which was denied. Mrs. Moory now appeals from these judgments, asserting that the trial court erred: (1) in granting defendants' motion in limine, (2) in failing to find defendants at fault for the accident, and (3) in denying her motion for judgment notwithstanding the verdict or alternatively, her motion for new trial.
DISCUSSION
Expert Testimony
The general rule regarding the admissibility of expert testimony is found in La. C.E. art. 702, which provides:
If scientific, technical, or other specialized knowledge will assist the trier of fact to understand the evidence or to determine a fact in issue, a witness qualified as an expert by knowledge, skill, experience, training, or education, may testify thereto in the form of an opinion or otherwise. [Emphasis added.]
The decision of whether to admit or exclude expert testimony is one left to the much discretion of the trial court, and the decision reached by the trial court will not be disturbed on appeal in the absence of an abuse of that discretion. Lemaire v. CIBA-GEIGY Corp ., 99-1809, p. 16 (La.App. 1st Cir.6/22/01), 793 So.2d 336, 349, writ denied, 01-2153 (La.11/16/01), 802 So.2d 608.
In the instant case, James J. Frey, Jr. is an architect called to testify as an expert on behalf of Mrs. Moory. According to Mrs. Moory, Mr. Frey's testimony would have aided in the jury's determination as to whether the Robertses were negligent and whether their shower was defective. However, from our review of the record, we find no abuse of discretion on the part of the trial court in excluding such testimony. The parties stipulated at trial that the Robertses' shower met all applicable code requirements. Further, the opinions expressed by Mr. Frey, which were based on his personal experience as well as the facts particular to this case, could be derived from a lay interpretation of the evidence, and thus would not have appreciably assisted the jury.
Liability
At trial, Mrs. Moory claimed that the Robertses were at fault for their negligent conduct as well as strictly liable for the defective condition of their shower. In addressing Mrs. Moory's first claim, we note that La. C.C. arts
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