Quincy and Lisa Brown v. Elray Kocke Service, Inc., State Farm Mutual Automobile Insurance Company, and Herbert Hettinger, and Burlington Insurance Company ( 2022 )

STATE OF LOUISIANA
COURT OF APPEAL, FIRST CIRCUIT
QUINCY AND LISA BROWN NO. 2021 CW 1454
VERSUS
ELRAY KOCKE SERVICE, INC., JANUARY 26, 2022
S' LA'TE FARM MUTUAL AUTOMOBILE
INSURANCE COMPANY, AND
HERBERT HETTINGER
In Re: Quincy Brown, applying for writs, 18th
supervisory
Judicial District Court, Parish of Iberville, No.
80110.
BEFORE: MCCLENDON, WELCH, AND THERIOT, JJ.
WRIT GRANTED. We reverse the trial court' s October 26, 2021
oral
ruling that granted the defendants, Kocke Service,
Elray
Inc.'
s and Burlington Insurance Company' s motions to compel full
neuropsychological examination of the Brown.
plaintiff,
Quincy
The moving party has not demonstrated the existence of good
cause for such examination. See Williams v. Smith, 576 So. 2d
448, 452 ( La. 1991). Therefore, defendants have not established
their entitlement to require plaintiff to submit to an
additional medical examination with a neuropsychologist. See La.
Code Civ. P. art. 1464. The motions to compel neuropsychological
medical filed
examination by defendants are denied. See also
Young v. Zurich Am. Ins. Co., 21- 0345 ( La. lst Cir.
App.
6/ 18/ 21), 2021 WL 2497463, p.* l.
PMC
MRT
WELCH, J., concurs. In addition to the reasons stated by
the majority, I conclude that defendants failed to prove that
their intended expert is a licensed clinical psychologist or
that plaintiff provided notice of his intent to use such an
expert.
COURT OF APPEAL, FIRST CIRCUIT
1
DEPUTY LERK F COURT
FOR THE COURT