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Cane v. O'Brien

Court of Appeals of Louisiana, First Circuit
Aug 24, 2022
2022 CW 0908 (La. Ct. App. Aug. 24, 2022)

Opinion

2022 CW 0908

08-24-2022

MICHAEL CANE AND JOHN CANE v. CHARLES O'BRIEN AND UNITED SERVICES AUTOMOBILE ASSOCIATION


In Re: Charles O'Brien and United Services Automobile Association, applying for supervisory writs, 19th Judicial District Court, Parish of East Baton Rouge, No. 679294.

BEFORE: WHIPPLE, C.J., McDONALD, McCLENDON, HOLDRIDGE AND CHUTZ, JJ.

WRIT GRANTED. The district court's ruling which overruled defendants' objection to the introduction of evidence of alcohol consumption by defendant, Charles O'Brien, is reversed. Evidence which is not relevant is not admissible. La. Code Evid. art. 402. Defendant's consumption of alcohol without more is not relevant to any question of liability or fault. Defendants' objection is sustained and evidence of alcohol consumption by defendant, Charles O'Brien, is excluded.

JMM

GH

WRC

Whipple, C.J., dissents and would not consider the writ. Relators failed to include a copy of the district court's judgment, order or ruling complained of and the pertinent minute entry in violation of Rule 4-5 (C) (6) and (10) of the Uniform Rules of Louisiana Courts of Appeal.

McClendon, J., dissents and would deny the writ. The criteria set forth in Herlitz Construction Company, Inc. v. Hotel Investors of New Iberia, Inc., 396 So.2d 878 (La. 1981) (per curiam) are not met.


Summaries of

Cane v. O'Brien

Court of Appeals of Louisiana, First Circuit
Aug 24, 2022
2022 CW 0908 (La. Ct. App. Aug. 24, 2022)
Case details for

Cane v. O'Brien

Case Details

Full title:MICHAEL CANE AND JOHN CANE v. CHARLES O'BRIEN AND UNITED SERVICES…

Court:Court of Appeals of Louisiana, First Circuit

Date published: Aug 24, 2022

Citations

2022 CW 0908 (La. Ct. App. Aug. 24, 2022)