2021CW0876 Nonprecedential Writ denied Processed

DeLissia Sterling v. Board of Supervisors of Louisiana Community and Technical Colleges System and LCTCS Facilities Corporation

Louisiana Court of Appeal, First Circuit · Filed October 22, 2021

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Opinion text

STATE OF LOUISIANA

COURT OF APPEAL, FIRST CIRCUIT

DELISSIA STERLING NO. 2021 CW 0876

VERSUS

BOARD OF SUPERVISORS OF
LOUISIANA COMMUNITY AND
TECHNICAL COLLEGES SYSTEM OCTOBER 22, 2021
AND LCTCS FACILITIES
CORPORATION

In Re: State of Louisiana, through the Board of Supervisors
of Louisiana Community and Technical Colleges,

applying for supervisory writs, 19th Judicial District
Court, Parish of East Baton Rouge, No. 692859.

BEFORE: McCLENDON, PENZATO, AND HESTER, JJ.

WRIT DENIED. The criteria set forth in Herlitz
Construction Company, Inc. v. Hotel Investors of New Iberia,
Inc., 396 So. 2d 878 ( La. 1981) ( per curiam), are not met.

PMc
AHP

Hester, J., dissents and would grant the writ with order.
I would reverse the portion of the trial court' s May 18, 2021
judgment, which denied the Motion to Compel Return of

Inadvertently Disclosed Privileged Documents filed by defendant,
the State of Louisiana through the Board of Supervisors of

Louisiana Community and Technical Colleges System (" the
State"). Under the circumstances presented herein, the ORM
Accident Reporting Form and attached witness statements were

obtained or prepared in anticipation of litigation or trial, and

plaintiff, DeLissia Sterling, has not demonstrated she will be
unfairly prejudiced, subject to undue hardship, or subject to

injustice by denial of the discovery. See La. Code Civ. P. art.

1424( A); Maldonado v. Kiewit Louisiana Co., 2012- 1868 ( La. App.
1st Cir. 5/ 30/ 14), 152 So. 3d 909, 926, writ denied, 2014- 2246
La. 1/ 16/ 15), 157 So. 3d 1129. Moreover, the ORM Accident
Reporting Form and attached witness statements were

inadvertently disclosed, and the State took reasonably prompt

measures, once it knew of the disclosure, to notify plaintiff of
the inadvertence of the disclosure and the privilege asserted.

See La. Code Civ. P. art. 1424( D). Thus, I find plaintiff has
not shown the State waived its privilege. Id. Accordingly, I

would grant the State' s Motion to Compel Return of Inadvertently
Disclosed Privileged Documents and order the plaintiff to return
the ORM Accident Reporting Form and attached witness statements

as well as any copies to the State.

COURT OF APPEAL, FIRST CIRCUIT

A-sg rj
DEPUTY CLERK OF COURT
FOR THE COURT