2020CW0770 Nonprecedential Writ granted in part; denied in part Processed

Daniel Joseph O'Brien, Jr., Dustin Blake O'Brien, Dylan Blaine O'Brien, and Leslie Dewayne O'Brien, Individually and on behalf of The Estate of Daniel Joseph O'Brien, Sr. v. Westley Eugene Worley, Mastec North America, Inc. and Ace American Insurance Company

Louisiana Court of Appeal, First Circuit · Filed September 16, 2020

Opinion text

STATE OF LOUISIANA

COURT OF APPEAL, FIRST CIRCUIT

DANIEL JOSEPH O'BRIEN, JR., NO. 2020 CW 0770
DUSTIN BLAKE O'BRIEN, DYLAN
BLAINE O'BRIEN AND LESLIE
DEWAYNE O'BRIEN,
INDIVIDUALLY AND ON BEHALF
OF THE ESTATE OF DANIEL
JOSEPH O'BRIEN, SR.

VERSUS

WESTLEY EUGENE WORLEY,
MASTEC NORTH AMERICA, INC.,
AND ACE AMERICAN INSURANCE SEPTEMBER 16, 2020
COMPANY

In Re: Westley Eugene Worley, applying for supervisory writs,
18th Judicial District Court, Parish of Pointe Coupee,
No. 48344 c/w 48068, 48279, 48392, 48419.

BEFORE: McDONALD, HOLDRIDGE, AND PENZATO, JJ.

WRIT GRANTED IN PART; DENIED IN PART. The trial court
erred by finding that re lator, Westley Eugene Worley' s prior
drug-related wrongs, arrests, and convictions are admissible for
purposes of establishing a pattern of wanton and reckless
conduct under La. Civ. Code art. 2315. 4, when the toxicology
report demonstrates " no drugs of toxicological significance"
were detected in Worley's blood specimen following the accident.
We also find that evidence of marijuana found the day after the
accident in Worley' s vehicle is also inadmissible for the same
reason and further because the relevancy is far outweighed by
the prejudicial effect. In all other respects, the writ is
denied.

JMM
AHP
GH

COURT OF APPEAL, FIRST CIRCUIT

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COURT

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