Opinion
NO. 2019 CW 0015
04-23-2019
MARK A. KERNAN v. THE INSURANCE COMPANY OF THE STATE OF PENNSYLVANIA, HAYNES MOTOR LINES, LLC AND ROSEVELT J. ALVEREZ
In Re: The Insurance Company of the State of Pennsylvania, Haynes Motor Lines, LLC and Rosevelt J. Alverez, applying for supervisory writs, 23rd Judicial District Court, Parish of Ascension, No. 119702. BEFORE: GUIDRY, THERIOT, AND PENZATO, JJ.
WRIT DENIED.
AHP
Guidry, J., concurs. 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.
Theriot, J., dissents and would grant the writ, excluding evidence of plaintiff's cervical surgery. When a party has notice that certain evidence within its control is relevant to pending or imminent litigation, the party has an obligation to preserve the evidence. Everhardt v. La. Department of Transportation & Development, 2007-0981 (La. App. 4th Cir. 2/20/08), 978 So.2d 1036, 1044. COURT OF APPEAL, FIRST CIRCUIT /s/_________
DEPUTY CLERK OF COURT
FOR THE COURT