2020CW0153 Nonprecedential Writ denied Processed

Gary C. Bertrand and Melissa P. Bertrand v. Glenn J. Patrick; AIG Property Casualty Company; and Louisiana Farm Bureau Casualty Insurance Company

Louisiana Court of Appeal, First Circuit · Filed April 28, 2020

Authorities cited

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Opinion text

STATE OF LOUISIANA
COURT OF APPEAL, FIRST CIRCUIT

GARY C. BERTRAND AND MELISSA P. NO. 2020 CW 0153
BERTRAND

VERSUS

GLENN J. PATRICK; AIG PROPERTY

CASUALTY COMPANY; AND LOUISIANA
FARM BUREAU CASUALTY INSURANCE
COMPANY

Consolidated With APR z 8 2020

LISA SIMPSON AND LESTER SIMPSON

VERSUS

GLENN PATRICK, AIG PROPERTY

CASUALTY COMPANY AND STATE FARM
MUTUAL INSURANCE COMPANY

In Re: Gienn Patrick and State Farm Fire and Casualty Company,
applying for supervisory writs, 18th Judicial District
Court, Parish of Iberville, No. 77, 752 c/ w 77, 774

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

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.

VGW

WJB

Guidry, J., dissents. The records requested from Acadian
Ambulance are discoverable only to the extent that they relate

to the blood alcohol level and/ or alcohol consumption of Mr.
Patrick on the date of the accident in question. See La. Code
Evid. art. 510 ( B) ( 2) ( i) . Accordingly, I would order Acadian
Ambulance to produce all responsive documents and direct the
district court to conduct an in camera _ review of the responsive

documents to determine which portions are subject to production.

COURT OF APPEAL, FIRST CIRCUIT

DEPUTY CLERK OF COURT
FOR THE COURT

1 Judge Wi= liam J. Burris, retired,
serving pro tempore by special -appointment_
of the Louis' -aria Supreme Cour-.