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.