Jeremy Faciane and Faith Faciane Versus Morteza Shamsnia, M.D., United Educators' Insurance, a Reciprocal Risk Retention Group

JEREMY FACIANE AND FAITH FACIANE NO. 25-C-360

VERSUS FIFTH CIRCUIT

MORTEZA SHAMSNIA, M.D., ET AL., UNITED COURT OF APPEAL
EDUCATORS' INSURANCE, A RECIPROCAL
RISK RETENTION GROUP STATE OF LOUISIANA

August 12, 2025

Morgan Naquin
Deputy Clerk

IN RE UNITED EDUCATORS INSURANCE, A RECIPROCAL RISK RETENTION GROUP

APPLYING FOR SUPERVISORY WRIT FROM THE TWENTY-FOURTH JUDICIAL DISTRICT COURT,
PARISH OF JEFFERSON, STATE OF LOUISIANA, DIRECTED TO THE HONORABLE NANCY A. MILLER,
DIVISION "I", NUMBER 756-172

Panel composed of Judges Jude G. Gravois,
Marc E. Johnson, and Scott U. Schlegel

WRIT DENIED; STAY DENIED

In this emergency writ application, relator/defendant, United Educators
Insurance, a Reciprocal Risk Retention Group, seeks this Court’s supervisory
review of the trial court’s August 11, 2025 ruling which granted the motion in
limine filed by plaintiff, Faith Faciane. Plaintiff argued in her motion that based on
La. R.S. 32:295(F), defendant should be precluded from offering testimony or any
evidence of Jeremy Faciane not being placed in a booster seat at the time of the
subject accident. Relator also requested a stay of the trial which is already in
progress.

La. R.S. 32:295(F) provides:
In no event shall failure to wear a child passenger safety seat
system be considered as comparative negligence, nor shall such
failure be admissible as evidence in the trial of any civil action
with regard to negligence, nor shall such failure be considered a
moving violation.
A trial court is afforded broad discretion in its consideration of evidentiary
matters, including motions in limine, which are not to be disturbed on review absent
a clear abuse of that discretion. George v. Progressive Waste Solutions of La., Inc.,
22-1068 (La. 12/9/22), 355 So.3d 583, 587.

Upon review, based on the showing made and La. R.S. 32:295(F), we find
no clear abuse of the trial court’s great discretion in granting the motion in limine
precluding defendant from offering testimony or any evidence of Jeremy Faciane
not being placed in a booster seat at the time of the subject accident.

Accordingly, this writ application is denied. Relator’s request for a stay is
also denied.

Gretna, Louisiana, this 12th day of August, 2025.

JGG
MEJ
SUS

SUSAN M. CHEHARDY CURTIS B. PURSELL

CHIEF JUDGE CLERK OF COURT

SUSAN S. BUCHHOLZ
FREDERICKA H. WICKER
CHIEF DEPUTY CLERK
JUDE G. GRAVOIS
MARC E. JOHNSON
STEPHEN J. WINDHORST LINDA M. TRAN
JOHN J. MOLAISON, JR.
FIRST DEPUTY CLERK
SCOTT U. SCHLEGEL
TIMOTHY S. MARCEL FIFTH CIRCUIT
MELISSA C. LEDET
JUDGES 101 DERBIGNY STREET (70053)
DIRECTOR OF CENTRAL STAFF
POST OFFICE BOX 489
GRETNA, LOUISIANA 70054 (504) 376-1400

(504) 376-1498 FAX
www.fifthcircuit.org

NOTICE OF DISPOSITION CERTIFICATE OF DELIVERY
I CERTIFY THAT A COPY OF THE DISPOSITION IN THE FOREGOING MATTER HAS BEEN
TRANSMITTED IN ACCORDANCE WITH UNIFORM RULES - COURT OF APPEAL, RULE 4-6 THIS
DAY 08/12/2025 TO THE TRIAL JUDGE, THE TRIAL COURT CLERK OF COURT, AND AT LEAST ONE OF
THE COUNSEL OF RECORD FOR EACH PARTY, AND TO EACH PARTY NOT REPRESENTED BY
COUNSEL, AS LISTED BELOW:

25-C-360
E-NOTIFIED
24th Judicial District Court (Clerk)
Honorable Nancy A. Miller (DISTRICT JUDGE)
George D. Fagan (Relator)
Neal J. Favret (Respondent)
Leila A. D'Aquin (Relator)

MAILED
Karen E. Futch (Relator) Dean J. Favret (Respondent)
Jessica A. Longacre (Relator) Attorney at Law
Attorney at Law 1555 Poydras Street
1100 Poydras Street Suite 1600
Suite 1700 New Orleans, LA 70112
New Orleans, LA 70163