2019CW1582 Nonprecedential Writ granted in part and denied in part Processed

Robert McCormick v. United Services Automobile Association

Louisiana Court of Appeal, First Circuit · Filed March 3, 2020

Authorities cited

Identified automatically; this list may not be exhaustive.

Spangler v. Wal-Mart Stores, Inc. 673 So. 2d 676
679 So. 2d 1 not in our corpus

Opinion text

STATE OF LOUISIANA

COURT OF APPEAL, FIRST CIRCUIT

ROBERT McCORMICK NO. 2019 CW 1582

VERSUS

UNITED SERVICES AUTOMOBILE
MAR Q 3 2020
ASSOCIATION

In Re: United Services Automobile Association, for
applying
supervisory writs, 18th Judicial District Court,
Parish of Iberville, No. 77971.

BEFORE: WHIPPLE, C. J., GUIDRY AND BURRIS, 1 JJ.

WRIT GRANTED IN PART AND DENIED IN PART. The portion of

the trial court' s October 24, 2019 judgment Dr.
excluding
Everett Robert' s testimony regarding recommendations and/ or

appropriateness of plaintiff' s past medical treatment is vacated
only to the extent the Dr. Robert' s
ruling precludes testimony
as to causation of plaintiff' s injuries. Defendant has admitted
that it is not asserting bad faith by plaintiff. Accordingly,
defendant cannot assert that past medical expenses were for
unnecessary expenses or overtreatment, and' the trial court

properly excluded such evidence. See Spangler v. Wal- Mart
Stores, Inc., 95- 2044 ( La. App. 1st Cir. 5/ 10/ 96), 673 So. 2d
676, 679, writs denied, 96- 1450, 1407 ( La. 9/ 27/ 96), 679 So. 2d
1. 353. However, to the extent Dr. Robert intends to testify as
to the causation of any of plaintiff' s injuries, such testimony
should not be precluded.

VGW
JMG
WJB

COURT OF APPEAL, FIRST CIRCUIT

DEPUTY CLERK OF COURT
FOR THE COURT

1Judge1Judge WilliamWilliam J.J. Burris,Burris, retired,retired,
serving serving propro temporetempore byby specialspecial appointmentappointment
ofof thethe LouisianaLouisiana SupremeSupreme Court.Court.

p. 2