Snapper Brown v. Brennan Landry Moore ( 2021 )

STATE OF LOUISIANA
COURT OF APPEAL, FIRST CIRCUIT
SNAPPER BROWN, ET AL NO. 2020 CW 1285
VERSUS
BRENNAN LANDRY MOORE MARCH 10, 2021
In Re: State Farm Mutual Automobile Insurance Company and
Brennan Landry Moore, applying for supervisory writs,
19th Judicial District Court, Parish of East Baton
Rouge, No. 670237.
BEFORE: GUIDRY, McCLENDON, THERIOT, LANIER, AND WOLFE, JJ.
WRIT GRANTED. The portions of the trial court' s November
20, 2020 judgment which allow plaintiffs to bring a third person
with him/ her into the examination room and allow the audio
recording of the additional medical examinations of plaintiffs
are reversed. Plaintiffs presented no special circumstances
supporting the imposition of such conditions. Plaintiffs are
not allowed to bring a third person into the examination room
for his/ her examinations, and the examinations of plaintiffs
with Dr. Ferachi are to be conducted without audio recording.
PMc
MRT
WIL
Guidry and Wolfe, JJ., dissent and would deny the writ.
The criteria set forth in Herlitz Construction Co., Inc. v.
Hotel Investors of New Iberia, Inc., 396 So. 2d 878 ( La. 1981)
per curiam) are not met.
COURT OF APPEAL, FIRST CIRCUIT
DEPUTY CLERK OF COURT
FOR THE COURT