From Casetext: Smarter Legal Research

Kernan v. Ins. Co. of Pa.

STATE OF LOUISIANA COURT OF APPEAL, FIRST CIRCUIT
Apr 23, 2019
NO. 2019 CW 0015 (La. Ct. App. Apr. 23, 2019)

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


Summaries of

Kernan v. Ins. Co. of Pa.

STATE OF LOUISIANA COURT OF APPEAL, FIRST CIRCUIT
Apr 23, 2019
NO. 2019 CW 0015 (La. Ct. App. Apr. 23, 2019)
Case details for

Kernan v. Ins. Co. of Pa.

Case Details

Full title:MARK A. KERNAN v. THE INSURANCE COMPANY OF THE STATE OF PENNSYLVANIA…

Court:STATE OF LOUISIANA COURT OF APPEAL, FIRST CIRCUIT

Date published: Apr 23, 2019

Citations

NO. 2019 CW 0015 (La. Ct. App. Apr. 23, 2019)