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    0173
    BERTRAND
    VERSUS
    GLENN        J.    PATRICK;             AIG        PROPERTY
    CASUALTY           COMPANY;             AND        LOUISIANA
    FARM    BUREAU              CASUALTY              INSURANCE
    COMPANY
    APR 2 g 2020
    Consolidated                    With
    LISA    SIMPSON              AND     LESTER             SIMPSON
    VERSUS
    GLENN        PA``T' RICK,          AIG    PROPERTY
    CASUALTY           COMPANY           AND          STATE       FARM
    MUTUAL        INSURANCE              COMPANY
    In    Re:         Glenn           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,'       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            from Our Lady
    requested
    of the Lake Regional Medical                                           Center    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( 3)(    2)(   i).
    Accordingly,                 I     would order                    Our    Lady    of    the    Lake     Regional            Medical
    Center            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
    4P-
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    11
    DEPUTY          CLERK       OF        COURT
    FOR       THE     COURT
    1   Judge    William         J.    Burris,          retired,
    serving pro     tep2Nore by     special       appointment
    of   the -- ouis- ana             Supreme         Court.
    

Document Info

Docket Number: 2020CW0173

Filed Date: 4/28/2020

Precedential Status: Precedential

Modified Date: 10/22/2024