Meylin Castro, Individually, and on behalf of her minor children, Monica Gissell Castaneda-Castro, David Mejia-Castro, and Dylan Sneijder Mejia-Castro, and Meylin P. Castro v. Church Mutual Insurance Company, First United Methodist Church Of Denham Springs, ABC Insurance Company, Sunbelt Rentals Scaffold Services, LLC, XYZ Insurance Company, and 1 Priority Environmental Services, Inc.
Meylin Castro, Individually, and on behalf of her minor children, Monica Gissell Castaneda-Castro, David Mejia-Castro, and Dylan Sneijder Mejia-Castro, and Meylin P. Castro v. Church Mutual Insurance Company, First United Methodist Church Of Denham Springs, ABC Insurance Company, Sunbelt Rentals Scaffold Services, LLC, XYZ Insurance Company, and 1 Priority Environmental Services, Inc., No. 2022CW0284 (La. Ct. App. 1st Cir. Mar. 30, 2022).
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Opinion text
STATE OF LOUISIANA
COURT OF APPEAL, FIRST CIRCUIT
MEYLIN CASTRO, INDIVIDUALLY, NO. 2022 CW 0284
AND ON BEHALF OF HER MINOR
CHILDREN, MONICA GISSELL
CASTANEDA- GASTRO, DAVID
MEDIA- CASTRO, AND DYLAN
SNEIJDER MEDIA - GASTRO, AND
MEYLIN P. CASTRO
VERSUS
CHURCH MUTUAL INSURANCE
COMPANY, FIRST UNITED
METHODIST CHURCH OF DENHAM
SPRINGS, ABC INSURANCE
COMPANY, SUNBELT RENTALS
SCAFFOLD SERVICES, LLC, XYZ
INSURANCE COMPANY, AND 1
PRIORITY ENVIRONMENTAL MARCH 30, 2022
SERVICES, INC.
In Re: 1 Priority Environmental Services, Inc. and Sunbelt
Rentals Scaffold Services, LLC, applying for
supervisory writs, 19th Judicial District Court,
Parish of East Baton Rouge, No. 669, 445.
BEFORE: GUIDRY, MCCLENDON, WELCH, THERIOT, AND WOLFE, JJ.
WRIT GRANTED. The portion of the district court' s ruling
which allows the video recording of the additional medical
examination of plaintiff, Meylin by Jose Lafosse, Ph. D.,
Castro,
ABPP, is reversed. In reviewing the writ application before us,
we do not find that the plaintiff has made the required showing
of special circumstances to warrant the imposed condition of
recording the additional medical examination. Accordingly, the
writ is granted and the additional medical examination of
plaintiff with Dr. Lafosse is to proceed without video
recording.
JMG
PMc
MRT
Welch and Wolfe, JJ., dissent and would deny the writ. 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.
COURT OF APPEAL, FIRST CIRCUIT
P CLERK OF COURT
FOR THE COURT