Opinion
NO. 2018 CW 1608
02-19-2019
CHASITY SUMMER MAY, INDIVIDUALLY AND ON BEHALF OF HER MINOR CHILD, CHRISTOPHER SETH DENISON v. BARBARA NOGUCHI, M.D.
In Re: Barbara Noguchi, M.D., applying for supervisory writs, 21st Judicial District Court, Parish of Tangipahoa, No. 2016-0003159. BEFORE: GUIDRY, THERIOT, AND PENZATO, JJ.
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.
JMG
MRT
Fenzato, J., concurs in part and dissents in part. I concur in part and would deny the writ concerning that portion of the trial court's ruling ordering defendant, Dr. Noguchi, to respond to Interrogatory No. 9, but would grant the writ in part and reverse the portion of the ruling ordering Dr. Noguchi to respond to Interrogatory No. 10 finding that request overbroad. Further, I would reverse in part the trial court's order compelling Dr. Noguchi to produce the documents requested in Request for Production No. 8, and would limit the production of the results of all drug and alcohol tests performed on Dr. Noguchi to those performed in August and September of 2012, in light of the informed consent claims relating to surgeries performed on August 16, 2012 and September 14, 2012. COURT OF APPEAL, FIRST CIRCUIT /s/_________
DEPUTY CLERK OF COURT
FOR THE COURT