Travis J. Collier v. Gregory Trahan, Coastal Heavy Hauler, LLC, Gray Insurance Company and The Travelers Indemnity Company

STATE OF LOUISIANA
COURT OF APPEAL, FIRST CIRCUIT
TRAVIS J. COLLIER NO. 2024 CW 0409

VERSUS
GREGORY TRAHAN, COSTAL HEAVY
HAULER, LLC, GRAY INSURANCE
COMPANY AND THE TRAVELERS JUNE 3, 2024
INDEMNITY COMPANY

In Re: Gregory Trahan, Coastal Heavy Hauler, LLC and The Gray
Insurance Company, applying for supervisory writs,
19th Judicial District Court, Parish of East Baton
Rouge, No. 709,081.

BEFORE: WOLFE, MILLER, AND GREENE, JJ.

WRIT DENIED.
SMM

Wolfe, J., concurs. 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.

Greene, J., dissents and would grant the writ in part. I
would reverse the portion of the May 6, 2 02 4 judgment of the
district court ordering defendants, Gregory Trahan, Coastal
Heavy Haulers, LLC and The Gray Insurance Company, to disclose
the questions to be asked during the examination at least 7 days
in advance of the scheduled examination. Once the court finds
the party seeking an additional medical examination has
established good cause for same, the court should presume that
the examination will be conducted in a reasonable manner. If the
opposing party seeks to have restrictions placed on said
examination, the burden shifts to that party to establish
special circumstances justifying the imposition of said
restrictions. In meeting this burden, one may not rely on mere
allegations or speculation, but should produce competent
evidence establishing a need for the restrictions and the harm
which could result without same. In reviewing the pleadings,
including the motion to compel additional medical opinion and
the opposition filed thereto, I would find that plaintiff failed
to produce competent evidence establishing a need for any
restrictions required for the examination and what harm might
result if such restrictions were not imposed. See Augustine v.
Safeco Insurance Company of Oregon, 2021-01753 (La. 10/21/22),
351 So.3d 353 (per curiam). The requirement of producing
questions 7 days prior to the examination frustrates the
importance of the additional medical examination in furthering
the pursuit of justice recognized by the Louisiana Supreme Court
in Hicks v. USAA General Indemnity Company, 2021-00840 (La.
3/25/22), 339 So.3d 1106. In all other respects I would deny the
writ.

COURT OF APPEAL, FIRST CIRCUIT

0p~wERK OF COURT
FOR THE COURT