2020CW0173 Nonprecedential Writ denied Processed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

Identified automatically; this list may not be exhaustive.

Opinion text

STATE OF LOUISIANA
COURT OF APPEAL, FIRST CIRCUIT

GARY C. BERTRAND AND MELISSA P. NO. 2020 CW 0173
BERTRAND

VERSUS

GLENN J. PATRICK; AIG PROPERTY

CASUALTY COMPANY; AND LOUISIANA

FARM BUREAU CASUALTY INSURANCE
COMPANY
APR 2 g 2020
Consolidated With

LISA SIMPSON AND LESTER SIMPSON

VERSUS

GLENN PA`T' RICK, AIG PROPERTY

CASUALTY COMPANY AND STATE FARM
MUTUAL INSURANCE COMPANY

In Re: Glenn 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,' 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 from Our Lady
requested

of the Lake Regional Medical Center 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( 3)( 2)( i).

Accordingly, I would order Our Lady of the Lake Regional Medical
Center 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

4P-
z1a<
11

DEPUTY CLERK OF COURT
FOR THE COURT

1 Judge William J. Burris, retired,
serving pro tep2Nore by special appointment
of the -- ouis- ana Supreme Court.