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Cook v. K-Mart Corporation

Supreme Court of Louisiana
Mar 20, 1998
707 So. 2d 1248 (La. 1998)

Opinion

No. 98-CC-0029

March 20, 1998

IN RE: Cook, Cynthia; — Plaintiff(s); Applying for Supervisory and/or Remedial Writ; Parish of St. Bernard 34th Judicial District Court Div. "B" Number 79-462; to the Court of Appeal, Fourth Circuit, Number 97CW-2300


Denied.

HTL

WFM

CDT

JTK

CALOGERO, C.J. would grant the writ.

LEMMON, J. concurs in the denial and assigns reasons.

KIMBALL, J. would grant the writ.

JOHNSON, J. would grant the writ.

VICTORY, J. not on panel.


By their nature, the statements of the witnesses to plaintiff's accident are the work product of the defendant. The statements were taken because of the prospect of litigation and therefore "in anticipation of litigation." La. Code Civ.Proc. art. 1424.

Under Ogea v. Jacobs, 344 So.2d 953 (La. 1977), the party seeking to compel production of work product is required to establish that denial of production will unfairly prejudice him or cause him undue hardship. The mere fact that the statements were taken immediately after the accident does not alone justify production. In this case, plaintiff has not established undue hardship. If plaintiff can make a further showing that the witnesses are unavailable or are unable to remember significant facts or have an incomplete memory, perhaps that additional showing will establish undue hardship and will provide the basis for further discovery motions.


Summaries of

Cook v. K-Mart Corporation

Supreme Court of Louisiana
Mar 20, 1998
707 So. 2d 1248 (La. 1998)
Case details for

Cook v. K-Mart Corporation

Case Details

Full title:CYNTHIA COOK v. K-MART CORPORATION, ET AL

Court:Supreme Court of Louisiana

Date published: Mar 20, 1998

Citations

707 So. 2d 1248 (La. 1998)