Opinion
NO. 2019 CW 0005
02-08-2019
BRUCE REID JOHNSON v. NATIONWIDE AGRIBUSINESS INSURANCE COMPANY, SKID MARKS TIRES & AUTO SERVICES, LLC, EXPRESS OIL CHANGE, LLC, AND DANIEL K. WINFREE
In Re: Express Oil Change, LLC, Daniel K. Winf ree, and Nationwide Agribusiness Insurance Company, applying for supervisory writs, 19th Judicial District Court, Parish of East Baton Rouge, No. 656346. BEFORE: WHIFFLE, C.J., McCLENDON AND HIGGINBOTHAM, JJ.
WRIT DENIED. This court declines to exercise its supervisory jurisdiction. The criteria set forth in Herlitz Construction Company, Inc. v. Hotel Investors of New Iberia, Inc., 396 So.2d 878 (La. 1981) (per curiam) are not met.
VGW
TMH
McClendon, J., dissents and would grant the writ and reverse the trial court's December 10, 2018 judgment and instruct the trial court to order Plaintiff to submit to an independent medical examination with a neurosurgeon. Defendants have demonstrated good cause for reguiring the independent medical examination pursuant to La. Code Civ. P. art. 1464, based on issues pertaining to the plaintiff's complaints of cervical injury and medical treatment, including possible surgery. Therefore, I would remand the matter to the trial court to issue an order to specify the time, place, manner, conditions, and scope of the examination, as well as the doctor who is to perform the examination. I pretermit whether defendants' choice of a neurosurgeon in Metairie is reasonable and would leave that to the discretion of the trial court. COURT OF APPEAL, FIRST CIRCUIT /s/_________
DEPUTY CLERK OF COURT
FOR THE COURT