Kathy L. Culberath v. State of Louisiana, Southeastern Louisiana University, GEICO Casualty Company, Government Employees Insurance Company and Latrika Smith

STATE OF LOUISIANA
COURT OF APPEAL, FIRST CIRCUIT
KATHY L. CULBERATH NO. 2021 CW 1531
VERSUS

STATE OF LOUISIANA,
SOUTHEASTERN LOUISIANA
UNIVERSITY, GEICO CASUALTY
COMPANY, GOVERNMENT
MARCH 14, 2022
EMPLOYEES INSURANCE COMPANY
AND LATRIKA SMITH

In Re: State of Louisiana, through the Board of Supervisors
for the University of Louisiana System, Southeastern
Louisiana University, applying for supervisory writs,
19th Judicial District Court, Parish of East Baton
Rouge, No. 672315.

BEFORE: GUIDRY, HOLDRIDGE, AND CHUTZ, JJ.

WRIT DENIED.

WRC

Guidry, J. , concurs. The criteria set forth in Herli tz
Construction Co., Inc. v. Hotel Investors of New Iberia, Inc.,
396 So.2d 878 (La. 1981) (per curiam) are not met.

Holdridge, J., dissents and would grant the writ. I find
defendants have shown good cause for an additional medical
examination since plaintiff has filed this action seeking
damages for personal injuries against defendants, placing her
condition in controversy. La. Code Civ. P. art. 1464.
Accordingly, I would grant defendants' motion to compel another
medical opinion and order plaintiff to submit to an additional
medical examination by Dr. Summers, but remand this matter to
the trial court with instructions to comply with La. Code Ci v.
P. art. 1464 to specify the time, place, manner, conditions, and
scope of that examination.

COURT OF APPEAL, FIRST CIRCUIT

PUTY CLERK~F COURT
FOR THE COURT