Katina Hebert v. Aramark Services, Inc.

STATE OF LOUISIANA

COURT OF APPEAL, FIRST CIRCUIT

KATINA HEBERT NO. 2021 CW 0631

VERSUS

ARAMARK SERVICES, INC. JULY 30, 2021

In Re: Aramark Management Services Limited Partnership,
applying for supervisory writs, 19th Judicial District

Court, Parish of East Baton Rouge, No. 662436.

BEFORE: THERIOT, HOLDRIDGE, AND HESTER, JJ.

WRIT GRANTED WITH ORDER. The district court' s May 7, 2021
judgment denying the motion to compel filed by Defendant,
Aramark Management Services Limited Partnership, is reversed.

La. R. S. 23: 1293 does not operate to preclude defendants in a

personal
injury action from discovering the plaintiff` s Office
of Workers' Compensation Administration file, especially where,
as here, the plaintiff filed a lawsuit arising out of the same

incident. Moreover, parties may obtain
discovery regarding any
matter, not privileged, which is relevant to the subject matter

involved in the pending action. The information sought must be
reasonably calculated to lead to the discovery of admissible

evidence. See La. Code Civ. P. art. 1422. We find Plaintiff' s
Office of Workers' Compensation Administration file relates to
the incident that is the subject of this lawsuit and is
reasonably calculated to lead to the discovery of admissible

evidence regarding the nature and extent of her injuries.
Therefore, the district court abused its discretion in denying
Defendant' s motion to compel. Accordingly, Defendant' s motion

to compel is granted, and Plaintiff, Katina Hebert, is ordered

to comply with Defendant' s Supplemental Request for Production
of Documents No. 33 within 30 days of this action.

IRT
CHH

Holdridge, J., concurs and would order the district court

to perform an in camera inspection of the documents in the
Office of Workers' Compensation Administration file to determine
if any documents therein are discoverable.

COURT OF APPEAL, FIRST CIRCUIT

DEPUTY C ERK OF COURT
FOR THE COURT