Opinion
NO. 2018 CW 0671
06-04-2018
BRITTNEY COLLINS v. ALLISON GUYNN, HIGH POINT SAFETY AND INSURANCE COMPANY, RPM PIZZA, LLC, D/B/A DOMINO'S PIZZA, XYZ INSURANCE COMPANY AND STATE FARM FIRE AND CASUALTY COMPANY
In Re: Brittney Collins, applying for supervisory writs, 19th Judicial District Court, Parish of East Baton Rouge, No. 658373. BEFORE: WHIPPLE, C.J., PETTIGREW, McDONALD, WELCH AND HIGGINBOTHAM, JJ.
STAY DENIED; WRIT GRANTED IN PART WITH ORDER, DENIED IN PART. The trial court's May 7, 2018 ruling which granted the Motion to Compel Independent Medical Examination filed by defendant, RPM Pizza, LLC, failed to comply with La. Code Civ. P. art. 1464 because it failed to specify the manner, conditions, and scope of the examination. This matter is remanded to the trial court with an order to comply with La. Code Civ. P. art. 1464 . The writ is denied as to the ruling of the trial court allowing the examination, subject to compliance with this order.
VGW
JTP
JMM
JEW
Higginbotham, J., concurs in part and dissents in part. I concur in the denial of the stay. However, I dissent and would reverse the trial court's May 7, 2018 ruling and deny the Motion to Compel Independent Medical Examination filed by defendant, RPM Pizza, LLC. Defendant failed to meet its burden of proving good cause for such examination. See La. Code Civ. P. art. 1464. COURT OF APPEAL, FIRST CIRCUIT /s/_________
DEPUTY CLERK OF COURT
FOR THE COURT