Chastity Bergeron, individually and on behalf of her minor children, Kyle Bergeron and Gabrielle Bergeron v. Jonathan Forwood, Cummins Mid-South, LLC, Zurich American Insurance Company, and The State of Louisiana, Through the Department of Transportation and Development

STATE OF LOUISIANA

COURT OF APPEAL, FIRST CIRCUIT

CHASTITY BERGERON, NO. 2020 CW 0008
INDIVIDUALLY AND ON BEHALF PAGE I OF 2)
OF HER MINOR CHILDREN, KYLE
BERGERON AND GABRIELLE
BERGERON

VERSUS

JONATHAN FORWOOD, CUMMINS
MID - SOUTH, LLC, ZURICH
AMERICAN INSURANCE COMPANY,

AND THE STATE OF LOUISIANA,
THROUGH THE DEPARTMENT OF
TRANSPORTATION AND
DEVELOPMENT

CONSOLIDATED WITH

BRADLEY BERGERON

A1: 1 = 0161

JONATHAN FORWOOD, CUMMINS
MID - SOUTH, LLC, ZURICH
AMERICAN INSURANCE COMPANY,
AND THE STATE OF LOUISIANA,
MAR D 3 2020
THROUGH THE DEPARTMENT OF
TRANSPORTATION AND
DEVELOPMENT

In Re: The State of Louisiana, through the Department of

Transportation and Development, applying for
supervisory writs, 17th Judicial District Court,
Parish of Lafourche, No. 127224 c/ w 127290.

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

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

the trial court' s November 22, 2019 judgment which ordered the
State of Louisiana, through the Department of Transportation and
Development, to produce all complaints generated by third
parties
regarding the subject intersection for ten years prior

to August 16, 2016 and to produce accident report item numbers
for each accident
occurring within one mile of the subject

intersection for five years prior to May 4, 2014 are reversed.

The State of Louisiana, through the Department of Transportation
and Development, sufficiently met its burden of
establishing
that this information constituted data collected or compiled

specifically pursuant to 23 U. S. C. 409 to foster an effective

highway safety improvement program and for use in meeting
federal requirements. The motion to filed
by plaintiff compel

is denied as to the requests directed to the State of Louisiana,
through the Department of Transportation and Development, for

Judge William J. Burris, retired,
serving pro tempore by special appointment
of the Louisiana Supreme Court.

STATE OF LOUISIANA
COURT OF APPEAL, FIRST CIRCUIT

NO. 2020 CW 0008
PAGE 2 OF 2)

complaints generated by third parties
regarding the subject

intersection and for accident report item numbers for each

accident occurring within one mile of the subject intersection.
The writ is denied in all other respects. We pretermit whether
the accident reports be
could obtained by plaintiffs through
another
agency. See Irion v. State ex rel. Dept. of
Transportation and Development, 98- 2616 ( La. 1st
App. Cir.
5/ 12/ 00), 760 So. 2d 1220, writ denied, 2000- 2365 ( La. 11/ 13/ 00),
773 So. 2d 727, in which accident reports were found not

privileged because they were collected and compiled by the
Department of Public Safety, not the Department of

Transportation and Development, and were not compiled for the

purpose of obtaining federal funds or to enforce safety.

VGW

JMG
WJB

COURT OF APPEAL, FIRST CIRCUIT

r`

D ; PU T CLERK OF
YCOURT
FOR THE COURT