Gary C. Bertrand and Melissa P. Bertrand v. Glenn J. Patrick; AIG Property Casualty Company; and Louisiana Farm Bureau Casualty Insurance Company ( 2020 )


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  •                                              STATE OF LOUISIANA
    COURT OF APPEAL, FIRST CIRCUIT
    GARY       C.     BERTRAND           AND      MELISSA          P.                                     NO.         2020     CW   0153
    BERTRAND
    VERSUS
    GLENN       J.      PATRICK;            AIG      PROPERTY
    CASUALTY            COMPANY;            AND      LOUISIANA
    FARM       BUREAU          CASUALTY           INSURANCE
    COMPANY
    Consolidated                 With                                                                      APR z 8 2020
    LISA           SIMPSON          AND      LESTER         SIMPSON
    VERSUS
    GLENN           PATRICK,              AIG    PROPERTY
    CASUALTY               COMPANY           AND      STATE       FARM
    MUTUAL               INSURANCE           COMPANY
    In    Re:          Gienn          Patrick          and    State        Farm      Fire          and     Casualty          Company,
    applying             for      supervisory               writs,          18th        Judicial          District
    Court,          Parish          of    Iberville,            No.     77, 752         c/ w    77, 774
    BEFORE:                WHIPPLE,             C. J.,      GUIDRY AND BURRIS, 1                       JJ.
    WRIT         DENIED.                     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.
    VGW
    WJB
    Guidry,           J.,        dissents.              The        records          requested              from     Acadian
    Ambulance                  are       discoverable              only        to      the     extent          that         they       relate
    to        the         blood          alcohol           level        and/      or   alcohol               consumption           of     Mr.
    Patrick               on    the        date       of    the     accident            in     question.               See       La.     Code
    Evid.               art.       510 ( B) (    2) (    i) .      Accordingly,                    I    would         order        Acadian
    Ambulance                  to        produce           all    responsive                 documents              and     direct        the
    district                court          to   conduct           an    in     camera _ review                of      the    responsive
    documents                  to determine which portions                              are        subject          to production.
    COURT           OF     APPEAL,           FIRST         CIRCUIT
    DEPUTY          CLERK        OF    COURT
    FOR      THE     COURT
    1    Judge          Wi= liam    J.     Burris,       retired,
    serving pro          tempore by special -appointment_
    of       the    Louis' -aria         Supreme     Cour-.
    

Document Info

Docket Number: 2020CW0153

Filed Date: 4/28/2020

Precedential Status: Precedential

Modified Date: 10/22/2024