Opinion
2021 CW 0345
06-18-2021
GARRETT L. YOUNG v. ZURICH AMERICAN INSURANCE COMPANY, ET AL
Garrett Young, applying for supervisory writs, 19th Judicial District Court, Parish of East Baton Rouge, No. 681138.
BEFORE: WHIPPLE, C.J., WELCH AND CHUTZ, JJ.
WRIT GRANTED. The trial court's February 5, 2021 order which granted the motion to compel neuropsychological medical examination filed by defendants, Genesis Energy, LLC, John P. Mansur, and Zurich American Insurance Company, is reversed. Defendants failed to meet their burden of proving good cause for such examination. In addition, defendants failed to prove that their intended expert is a licensed clinical psychologist or that plaintiff provided notice of his intent to use such an expert. Therefore, defendants have not established their entitlement to request plaintiff to submit to an additional medical examination with a clinical psychologist. See La. Code Civ. P. art. 1464. The motion to compel neuropsychological medical examination filed by defendants is denied.
VGW
JEW
WRC