Opinion
NO. 2018 CW 1669
02-08-2019
MARK ODOM AND PATTI ODOM v. LUIS ALBERTO FLORES, STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, UNITED SERVICES AUTOMOBILE ASSOCIATION
In Re: Mark Odom and Patti Odom, applying for supervisory writs, 21st Judicial District Court, Parish of Livingston, No. 153594. BEFORE: WHIPPLE, C.J., WELCH AND HIGGINBOTHAM, JJ.
WRIT DENIED IN PART AND GRANTED IN PART WITH ORDER. The trial court's October 22, 2018 order which granted the motion to compel independent medical examination filed by defendant, United Services Automobile Association, is reversed in part. The portion of the order which granted the motion and ordered that plaintiff submit to an examination by a neuropsychologist is reversed. With regard to examination by a non-physician licensed psychologist, defendant failed to prove that plaintiffs had given notice of their intent to use such an expert. Therefore, defendant failed to establish its entitlement to request that plaintiff submit to an examination by a neuropsychologist, and the motion to compel an examination by a neuropsychologist is denied. La. Code Civ. P. art. 1464.
With regard to the portion of the order which ordered that plaintiff submit to an examination by a pain management physician, this court finds no abuse of discretion in that order. However, the trial court failed to comply with La. Code Civ. P. art. 1464 because it failed to specify the manner, conditions, and scope of that 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 by a pain management physician, subject to compliance with this order.
TMH
VGW
JEW
COURT OF APPEAL, FIRST CIRCUIT /s/_________
DEPUTY CLERK OF COURT
FOR THE COURT