Opinion
NO. 2018 CW 0666
05-22-2018
GEORGE MUNN AND CINDY MUNN INDIVIDUALLY AND ON BEHALF OF THEIR MINOR CHILD, BRADY MUNN v. CHAD ZENON TRUCKING, LLC, STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, AND AL FRANCIS PROGRESSIVE SECURITY INSURANCE COMPANY
In Re: Brady Munn, applying for supervisory writs, 19th Judicial District Court, Parish of East Baton Rouge, No. 631226. BEFORE: WHIPPLE, C.J., McDONALD AND CHUTZ, JJ.
STAY DENIED; 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.
WRC
JMM
Whipple, C.J., concurs in part and dissents in part. I concur in the denial of the stay. However, I would grant the writ, reverse the trial court's May 7, 2018 ruling and deny the Motion to Compel Independent Neurological Examination filed by defendant, State Farm Mutual Automobile Insurance Company. Defendant failed to meet its burden of proving good cause for such repeat examination. See La. Code Civ. P. art. 1464. COURT OF APPEAL, FIRST CIRCUIT /s/_________
DEPUTY CLERK OF COURT
FOR THE COURT