Katrina Robertson, Individually, and Jodi Robertson, on behalf of his minor child, Brooklynn Robertson v. Thomas A. Ryan and USAA Casualty Insurance Company

STATE OF LOUISIANA
COURT OF APPEAL, FIRST CIRCUIT

KATRINA ROBERTSON, INDIVIDUALLY, NO. 2021 CW 0485
AND JODI ROBERTSON, ON BEHALF OF
HIS MINOR CHILD, BROOKLYNN
ROBERTSON

VERSUS

THOMAS A. RYAN AND USAA CASUALTY AUGUST 3, 2421
INSURANCE COMPANY

In Re; USAA Casualty Insurance Company and Thomas A. Ryan,
applying for supervisory writs, 19th Judicial District
Court, Parish of East Baton Rouge, No. 682975.

BEFORE: GUIDRY, MCDONALD, AND MCCLENDON, 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.

JMG

McClendon, J., concurs.

McDonald, J., dissents and would grant the writ
application. I find the trial court abused its discretion in
its March 25, 2021 judgment granting, in part, the motion in
limine filed by the plaintiff, Katrina Robertson, and excluding
the June 20, 2020, October 3, 2020, October 18, 2020, and
October 31, 2020 surveillance videos. See Olivier v. Le Jeune,
95- 0053 ( La. 2/ 28/ 96), 668 So. 2d 347, 351; Wolford v. JoEllen
Smith Psychiatric Hospital, 96- 2460 ( La. 5/ 20/ 97), 693 So. 2d
1164, 1167- 68. Accordingly, I would reverse that portion of the
trial court' s March 25, 2021 judgment and
deny the plaintiff' s
motion in limine to exclude the June 20, 2020, October 3, 2020,
October 18, 2020, and October 31, 2020 surveillance videos.

COURT OF APPEAL, FIRST CIRCUIT

DEPUT LE K OF COURT
FOR THE COURT