Opinion
NO. 2020 CW 0173
04-28-2020
GARY C. BERTRAND AND MELISSA P. BERTRAND v. GLENN J. PATRICK; AIG PROPERTY CASUALTY COMPANY; AND LOUISIANA FARM BUREAU CASUALTY INSURANCE COMPANY Consolidated With LISA SIMPSON AND LESTER SIMPSON v. GLENN PATRICK, AIG PROPERTY CASUALTY COMPANY AND STATE FARM MUTUAL INSURANCE COMPANY
In Re: Glenn Patrick and State Farm Fire and Casualty Company, applying for supervisory writs, 18th Judicial District Court, Parish of Iberville, No. 77,752 c/w 77,774 BEFORE: WHIPPLE, C.J., GUIDRY AND BURRIS, JJ.
Judge William J. Burris, retired, serving pro tempore by special appointment of the Louisiana Supreme Court. --------
WRIT DENIED. 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.
VGW
WJB
Guidry, J., dissents. The records requested from Our Lady of the Lake Regional Medical Center are discoverable only to the extent that they relate to the blood alcohol level and/or alcohol consumption of Mr. Patrick on the date of the accident in question. See La. Code Evid. art. 510(B)(2)(i). Accordingly, I would order Our Lady of the Lake Regional Medical Center to produce all responsive documents and direct the district court to conduct an in camera review of the responsive documents to determine which portions are subject to production. COURT OF APPEAL, FIRST CIRCUIT /s/_________
DEPUTY CLERK OF COURT
FOR THE COURT