Lisa R. Friedley and Robert J. Friedley v. Paul V. Pulido, Gunite Express and Star Indemnity & Liability Company
Lisa R. Friedley and Robert J. Friedley v. Paul V. Pulido, Gunite Express and Star Indemnity & Liability Company, No. 2020CW0989 (La. Ct. App. 1st Cir. Nov. 23, 2020).
Authorities cited
Identified automatically; this list may not be exhaustive.
- Fisher-Rabin Medical Center v. Burdick Corp. 525 So. 2d 1178
- A. Copeland Enterprises, Inc. v. Harimaw, Inc. 531 So. 2d 475
Opinion text
STATE OF LOUISIANA
COURT OF APPEAL, FIRST CIRCUIT
LISA R. FRIEDLEY AND ROBERT NO. 2020 CW 0989
J. FRIEDLEY
VERSUS
PAUL V. PULIDO, GUNITE NOVEMBER 23, 2020
EXPRESS, AND GENERAL STAR
INDEMNITY COMPANY
In Re: Raul V. Pulido, Gunite Express, Starr Indemnity &
Liability Company, and Continental Insurance Company,
applying for supervisory writs, 23rd Judicial District
Court, Parish of Ascension, No. 120260.
BEFORE: McDONALD, HOLDRIDGE, AND PENZATO, JJ.
WRIT GRANTED. The portion of the district court' s October
5, 2020 judgment granting the Motion to Quash and for Protective
Order filed Plaintiffs, Lisa R.
Friedley Robert J.
by and
Friedley, is hereby reversed. " A party may . . . discover facts
known by and opinions held by an expert who has been retained or
specially employed by another party in anticipation of
litigation or preparation for trial and who is not expected to
be called as a witness at trial upon a
showing of
exceptional circumstances under which it is impracticable for
the discovery to obtain facts or opinions on the
party seeking
same subject by other means." La. Code Civ. P. art. 1425( D)( 2).
Herein, Defendants, Raul V. Pulido, Gunite Express, and Starr
Indemnity & Liability Company (" Defendants"), successfully
demonstrated exceptional circumstances warranting discovery, as
the Friedleys' non - testifying expert, Wayne Winkler, is the only
expert who had the opportunity to examine the trailer that was
struck by Raul V. Pulido before it was sold and repaired. As
such, " there is no practicable method of reproducing that
scene." See Fisher -Rabin Medical Center v. Burdick Corp., a
Div. of Kone Instruments, Inc., 525 So. 2d 1178, 1181 ( La. App.
5th Cir.), writ denied, 531 So. 2d 475 ( La. 1988). Accordingly,
the Motion to Quash and for Protective Order filed by
Plaintiffs, Lisa R. Friedley and Robert J. Friedley, is denied.
JMM
GH
AHP
COURT OF APPEAL, FIRST CIRCUIT
DEPUTY
46U AA- -
CLERK OF OURT