CW-0015-0300 Nonprecedential Stay denied Processed

Roxanne Latiolais v. Hudson Insurance Company, Etal.

Louisiana Court of Appeal, Third Circuit · Filed April 30, 2015

Also decided on this docket: La. Ct. App. 3d Cir., May 13, 2015

Authorities cited

Identified automatically; this list may not be exhaustive.

Opinion text

DESIGNATED FOR PUBLICATION

STATE OF LOUISIANA

COURT OF APPEAL, THIRD CIRCUIT

NO: CW 15-00300

Judgment rendered and mailed to all
parties or counsel of record on April 8,
2015.

ROXANNE LATIOLAIS
VERSUS
HUDSON INSURANCE COMPANY,
ET AL.

FILED: 04/02/15

On application of Roxanne Latiolais for Supervisory Writ in No. 2011-4809 on the
docket of the Fifteenth Judicial District Court, Parish of Lafayette, Honorable Michelle
M. Breaux.

Counsel for:
James Christian Lewis Roxanne Latiolais

Counsel for:
John Patrick Guillory Acme Truck Line, Inc.
Hudson Insurance Company
John Mhire

Counsel for:
Sidney Wallis Degan, III Gemini Insurance Company
Foster P. Nash, III
Philip Charles Brickman

Counsel for:
David Thomas Butler, Jr. LUBA Insurance Company

Lake Charles, Louisiana, on April 8, 2015.

STAY DENIED.
WRIT GRANTED IN PART AND MADE PEREMPTORY; WRIT
DENIED IN PART.

We find that the trial court erred in ordering the plaintiff to undergo a functional
capacity evaluation (FCE) by Samuel Forester, a physical therapist. A physical
therapist is not one of the professionals permitted to conduct examinations
pursuant to La.Code Civ.P. art. 1464. See Williams v. Smith, 576 So.2d 448
(La.1991)(limiting examinations to those professionals specifically set forth in
Article 1464). Therefore, we hereby reverse the trial court’s ruling ordering the
FCE. As this court orders that the FCE be set aside, we decline to issue a ruling
regarding the issue of whether good cause has been shown for an FCE.

_____________________ _____________________ _____________________
JCP JTG JEC