James Harris v. Erica Jackson, GEICO General Insurance Company, Electric Insurance Company (uninsured/underinsured), and State Farm Mutual Automobile Insurance Company (uninsured/underinsured)

STATE OF LOUISIANA

COURT OF APPEAL, FIRST CIRCUIT

JAMES HARRIS NO. 2019 CW 1122

VERSUS

ERICA JACKSON, GEICO GENERAL INSURANCE SEPTEMBER 06, 2019
COMPANY, ELECTRIC INSURANCE COMPANY
UNINSURED/ UNDERINSURED), AND STATE

FARM MUTUAL AUTOMOBILE INSURANCE
COMPANY ( UNINSURED/ UNDERINSURED)

In Re: James Harris, applying for supervisory writs, 19th

Judicial District Court, Parish of East Baton Rouge,
No. 646910.

BEFORE: WHIPPLE, C. J., GUIDRY AND CRAIN, JJ.

STAY DENIED; WRIT DENIED. See Herlitz Construction Co.,
Inc. v. Hotel Investors of New Iberia, Inc., 396 So. 2d 878 ( La.

1981) ( per curiam).

JMG
WJC

Whipple, C. J., dissents. I would grant the writ

application to vacate the portion of the district court' s June

3, 2019 judgment that sua sponte excluded " any medical records,

any medical testimony and treatment, any complaints or any
proposed surgery that took place after March 31, 2018." Though

the district court is vested with broad powers " for the exercise
of its jurisdiction even though not granted expressly by law"
and may impose sanctions for any behavior clearly that
interferes with the court' s ability to fairly administer

justice, La. Code Civ. P. art. 191, the district court abused

its discretion by granting relief not requested by either party
and excluding evidence on its own motion.

COURT OF APPEAL, FIRST CIRCUIT

DEPVTt ILERK OF COURT
FOR THE COURT