Lenard Paul Monk v. Transco, Inc., Mclane Company, Inc., Ace American Insurance Company, and Michael Henderson

STATE OF LOUISIANA
COURT OF APPEAL, FIRST CIRCUIT
LENARD PAUL MONK NO. 2024 CW 0612

VERSUS

TRANSCO, INC., MCLANE
COMPANY, INC., ACE AMERICAN
INSURANCE COMPANY, AND AUGUST 15, 2024
MICHAEL HENDERSON

In Re: Transco, Inc., McLane/Southern, Inc., and ACE American
Insurance Company, applying for supervisory writs, 19th
Judicial District Court, Parish of East Baton Rouge, No.
733166.

BEFORE: THERIOT, CHUTZ, AND HESTER, JJ.

WRIT GRANTED IN PART AND DENIED IN PART. The portion of the
district court's June 3, 2024 judgment ordering that defendants
will disclose the identity and position of each person, other
than Dr. Robert, who will be present during the examination is
modified in part to only require disclosure of the identity and
position of each person, if any, who is not a staff member of
Dr. Robert. Once the court finds that the party seeking an
additional medical examination has established good cause for
same, the court should presume that the examination wi 11 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 the need for
the restrictions and the harm which could result without same.
See Augustine v. Safeco Insurance Company of Oregon, 2021-01753
(La. 10/21/22), 351 So.3d 353 (per curiam). We find plaintiff
failed to produce competent evidence establishing a need for
identity of Dr. Robert's staff who may be present during the
examination. The writ application is denied in all other
respects.

MRT
WRC
CHH

COURT OF APPEAL, FIRST CIRCUIT

ti\.s,O
DEPUTY CLERK OF COURT
FOR THE COURT