Kevin Dukes v. Capitol Truck Services, LLC, State National Insurance Company, Inc. and Marcus Henderson

STATE OF LOUISIANA

COURT OF APPEAL, FIRST CIRCUIT

KEVIN DUKES NO. 2021 CW 0971

VERSUS

CAPITAL TRUCK SERVICE, LLC,
STATE NATIONAL INSURANCE
COMPANY, NOVEMBER 1, 2021
INC., AND MARCUS D.
HENDERSON

In Re: Kevin Dukes, applying for supervisory writs, 19th
Judicial District Court, Parish of East Baton Rouge,
No. 682959.

BEFORE: GUIDRY, HOLDRIDGE, AND CHUTZ, JJ.

WRIT DENIED IN PART, GRANTED IN PART WITH ORDER. The
district court' sJuly 8, 2021 judgment which granted defendants,
Capitol Trucking Company, LLC and Clear Blue Insurance

Company' s, Motion to Compel the Additional Medical Examination
of Plaintiff by a Psychiatrist or Psychologist of Defendants'
Choice was within its wide discretion to decide pre- trial and

discovery matters, and the writ is denied as to that ruling.
However, the district court' s judgment failed to comply with La.
Code Civ. P. art. 1464 as the judgment does not specify the
time, place, manner, conditions, and scope of the examination

and the person( s) by whom it is to be made. This matter is
remanded to the district court with an order to comply with La.
Code Civ. P. art. 1464.

JMG
GH

Chutz, J., dissents. Defendants have failed to establish

good cause to require plaintiff, Kevin Dukes, to submit to an

additional medical opinion. Accordingly, I would reverse the
district court' s July 8, 2021 judgment and deny defendants'
Motion to Compel the Additional Medical Examination of Plaintiff
by a Psychiatrist or Psychologist of Defendants' Choice.

COURT OF APPEAL, FIRST CIRCUIT

fUlfY CLERK OF COUR
FOR THE COURT