Opinion
No. 90-CC-2377.
January 4, 1991.
In re: Mansion, Merlin M. et ux; Mansion, Helen; — Plaintiff(s); Applying for Writ of Certiorari and/or Review, Writ of Mandamus, Writ of Prohibition, Supervisory/Remedial Writs; to the Court of Appeal, Third Circuit, Number CW90-1108; Parish of Lafayette 15th Judicial District Court Div. "B" Number 90-0901-B.
Granted. Judgment of the court of appeal is amended to permit defendant to select an orthopedist of its choice other than Dr. James McDaniel.
CALOGERO, C.J., dissents from the order; would reinstate the ruling of the district court.
DENNIS, J., concurs in the reversal of the court of appeal judgment but dissents from the form of the amendment. CCP Article 1464 does not grant the defendant the right to a doctor of his choice. Rather the article only states that the Court shall order a party to submit to a physical or mental examination by a physician. The trial court did not abuse its discretion in its original order.