On August 27, 2020, Hurricane Laura made landfall in Southwest Louisiana. In the original complaint, The Pentecostal Church of DeQuincy (“TPCD”) alleged that it sustained damage from the Hurricane, and that Church Mutual has underestimated the cost of repairs. The five (5) buildings considered as “Covered Property” at issue in this litigation are identified as the: (1) Sanctuary, (2) Activity Center, (3) Sunday School/Fellowship Hall, (4) Mobile Home, and (5) Pole Barn. During the relevant time period, Church Mutual provided coverage for the Covered Property.
The Church reported its claimed loss on September 1, 2020. TPCD retained Robin D’Aunoy to produce fixed-price bids that reflected the rebuild costs utilizing August, 2020 pricing.
Church Mutual filed a motion to exclude or limit the testimony of D’Aunoy.
Construction Expert Witness
Robin M. D’Aunoy has decades of relevant experience as an estimator. Twenty-five years ago, he started his own construction estimating, consulting, and project coordination company, working for subcontractors and general contractors, architects, engineers, developers, mediators, and attorneys. Since 2005, he has provided expert witness services in court cases as an estimator and has worked with and for mediators, construction experts, and consultants.
Discussion by the Court
D’Aunoy explained that he prepared the spreadsheet estimate based on what he would charge to do the work. To obtain his pricing, D’Aunoy called certain vendors in each area of skill or trade (“trade partners”), such as for the steeple, carpentry, floors, electrical, plumbing, HVAC, etc. and came up with a “conservative” number. Specifically, he testified that he “did a base price on an average cost,” using “a few estimates that I did during that year, and looked at some of the pricing that pertained to the project, with similar type projects.”
Church Mutual argued that D’Aunoy’s methodology is unreliable, unrepeatable and unfounded because D’Aunoy has never been to TPCD site, either before or after Hurricane Laura.
Church Mutual complained that D’Aunoy’s bid did not specify the type of flooring in specific rooms, the type of roof, and is generally not specific as to pricing.
The Court found that D’Aunoy’s fixed-price bid did not meet the requirements of Rule 702 of the Federal Rules of Civil Procedure and Daubert. D’Aunoy’s fixed-price bid cannot be repeated; it cannot be tested. His methodology is flawed, and the fixed-price bid is unreliable, therefore, inadmissible.
Held
The Court granted Church Mutual’s motion in limine to exclude or limit the testimony of Robert D’Aunoy.
Key Takeaway
A key inquiry illuminating whether a methodology is reliable is whether it can be tested (and repeated) or subjected to peer review or publication.
Case Details:
| Case Caption: | Pentecostal Church Of Dequincy V. Church Mutual Insurance Co S.I. |
| Docket Number: | 2:22cv2782 |
| Court Name: | United States District Court, Louisiana Western |
| Order Date: | February 04, 2026 |
Leave a Reply