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 filed a motion to exclude the opinions of Lori Cox. TPCD maintained that Cox’s opinions will not assist the trier of fact, and they are unreliable and redundant.
To begin with, TPCD argued that Cox’s testimony did not rely on any recognized engineering methodology or engineering analysis, and that she ignored a plethora of evidence.
Engineering Expert Witness
Lori Lynn Cox is a licensed Professional Engineer with over 25 years of experience in forensic engineering, specializing in structural failures, construction defects, premises liability, and construction-related injury investigations. She is also licensed in 35 states and currently serves as a Regional Director with ProNet Group, where she leads complex investigations involving property loss, liability disputes, and building performance issues.
Discussion by the Court
TPCD complained that Cox’s evaluation of the Sanctuary and Sunday School buildings was limited to a review of photographs and other engineers’ reports.
However, the Court has reviewed Cox’s expert report to address TPCD’s complaints and finds that they are unfounded. The Court noted that Cox performed a site inspection of the TPCD buildings/structures, but the Sanctuary and Sunday School had already been demolished and rebuilt.
Next, TPCD criticized Cox’s report because she allegedly did not give adequate evaluation of the pre-existing conditions of the buildings, referring to TPCD’s previous insurance claim as a result of the 2017 tornado. Again, the Court is confused as to what TPCD is complaining about.
After all, Cox acknowledged that there was a “fractured and bowed roof framing of the Sunday School [that] was documented following the 2017 tornado effect…. This was documented in the estimate provided by Risk Management Services.”
TPCD complained that Cox did not perform “any mathematical equations to determine the lateral loads that were presented to the building as a result of the hurricane.”
Again, TPCD did not explain how her methodology is inappropriate because she did not perform any engineering calculations.
TPCD also argued that Cox’s testimony and opinions are duplicative of Church Mutual’s principal expert. Church Mutual informed the Court that their expert’s work in this matter was to perform a limited visual inspection of the sanctuary, Sunday School and multipurpose building and recommend repairs/remediation of damages, whereas Cox was supposed to inspect the structures at issue and document their conditions with regards to improvements made following Hurricane Laura and/or Hurricane Delta. Church Mutual instructed Cox to provide an opinion as to the damage that was the result of Hurricane Laura.
Held
The Court denied TPCD’s motion to exclude the testimony of Lori Cox.
Key Takeaway
Rejection of expert testimony is the exception rather than the rule, and the court’s role as gatekeeper does not replace the traditional adversary system and the place of the jury within the system. Instead, vigorous cross-examination, presentation of contrary evidence, and careful instruction on the burden of proof are the traditional and appropriate means of attacking shaky but admissible evidence.
Please refer to the blogs previously published about this case:
Insurance Expert’s Legal Opinions Excluded
Construction Expert Allowed to Opine on Repair Estimates
Case Details:
| Case Caption: | Pentecostal Church Of Dequincy V. Church Mutual Insurance |
| Docket Number: | 2:22cv2782 |
| Court Name: | United States District Court, Louisiana Western |
| Order Date: | February 04, 2026 |
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