Bradley Day And Tracy Day, Individually And O/b/o Their Minor Children Brooklyn And Briley Day v. Elvis Thompson. Et Al.

Supreme Court of Louisiana
December 17, 2021
Chief Deputy Clerk of Court
For the Court
The Supreme Court of the State of Louisiana
BRADLEY DAY AND TRACY DAY,
INDIVIDUALLY AND O/B/O THEIR MINOR
CHILDREN BROOKLYN AND BRILEY DAY
VS.
ELVIS THOMPSON. ET AL.
No. 2021-CC-01838
_ _ _ _ _ _
IN RE: Elvi
s Thompson - Applicant Defendant; Terry Graham Trucking, Inc. -
Applicant Defendant; Elvis Thompson, et al. - Appellant Defendant; Applying For
Supervisory Writ, Parish of Calcasieu, 14th Judicial District Court Number(s) 2017-
4574 F, Court of Appeal, Third Circuit, Number(s) CW 21-00575;
_ _ _ _ _ _
December 17, 2021
Writ application granted. See per curiam.
PDG
JLW
JDH
JTG
WJC
JBM
12/17/2021 "See News Release 051 for any Concurrences and/or Dissents."

SUPREME COURT OF LOUISIANA
No
. 2021-CC-01838
B
RADLEY DAY AND TRACY DAY, INDIVIDUALLY AND O/B/O THEIR
MINOR CHILDREN BROOKLYN AND BRILEY DAY
VS.
ELVIS THOMPSON. ET AL.
O
n Supervisory Writ to the 14th Judicial District Court, Parish of Calcasieu
PER CURIAM
Defendants seek review of a judgment of the district court holding that
defendants may not introduce the certified medical records of plaintiff , Tracy Day,
“unless the defense calls Elvis Thompson to the stand to testify ,” but then striking
Mr. Thompson from defendants’ witness list based on a prior stipulation of the
parties that he would not testify. Defendants assert it was error for the district court
to exclude the medical records, which contain statements from Ms. Day to medical
personnel concerning the facts of the subject accident.1
Putting aside the obvious internal inconsistency in the district court’s ruling,
we find any exclusion of Mr. Thompson as a witness has no bearing on the
admissibility of Ms. Day’s medical records. There is no indication Mr. Thompson
was present when Ms. Day made the statements to the medical personnel, and his
testimony is not necessary to lay a foundation for admission of the records.
We find the records at issue are clearly admissible. See La. R.S. 13:3714; see
also La. Code Evid. arts . 613 and 803(4). Accordingly, the district court erred in
conditioning the admission of these records on the testimony of an unrelated witness.
1 Defendants do not seek review of the portion of the district court’s judgment striking Mr.
Thompson as a witness, and we therefore express no opinion on the correctness of this ruling.
12/17/21

2

DECREE
For the reasons assigned, the writ is granted and made peremptory. The
judgment of the district court is reversed insofar as it holds the certified medical
records of Tracy Day are inadmissible. The case is remanded to the district court
for further proceedings.