Bazer ex rel. Etie v. Honda Motor Co.

Supreme Court of Louisiana

Bazer ex rel. Etie v. Honda Motor Co.

816 So. 2d 858, 2002 WL 1263917

CourtSupreme Court of Louisiana

DecidedMay 24, 2002

DocketNo. 2002-CC-1327

StatusPublished

This text of 816 So. 2d 858 (Bazer ex rel. Etie v. Honda Motor Co.) is published on Counsel Stack Legal Research, covering Supreme Court of Louisiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Bazer ex rel. Etie v. Honda Motor Co., 816 So. 2d 858, 2002 WL 1263917 (La. 2002).

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Opinion

In re Honda Motor Co.; American Honda Motor Co. Inc.; Honda Motor Co. LTD; Honda Motor Co. Inc.; Honda R & D Co. Ltd.; Honda Research & Development Co. LTD; — Defendants; Applying for Supervisory and/or Remedial Writs, Parish of Iberia, 16th Judicial District Court Div. F, No. 88974-F; to the Court of Appeal, Third Circuit, No. CW 02-00502.

Grant with order. The trial court erred in granting plaintiffs motion in limine. If defendants can satisfy the requirements of La. R.S. 13:3714, then the medical records, including the blood alcohol test result, are admissible as prima facie proof of their contents. The weight given the records by the jury will be affected by the evidence introduced regarding the quality of the testing procedures and other relevant factors. Accordingly, defendants’ application is granted and the trial court’s ruling on the motion in limine is reversed. Judd v. State, DOTD, 95-1052 (La.11/27/95), 663 So.2d 690.

CALOGERO, C.J., would deny the writ. KIMBALL, J., would deny the writ. KNOLL, J., would deny the writ.

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In re Honda Motor Co.; American Honda Motor Co. Inc.; Honda Motor Co. LTD; Honda Motor Co. Inc.; Honda R & D Co. Ltd.; Honda Research & Development Co. LTD; — Defendants; Applying for Supervisory and/or Remedial Writs, Parish of Iberia, 16th Judicial District Court Div. F, No. 88974-F; to the Court of Appeal, Third Circuit, No. CW 02-00502.

Grant with order. The trial court erred in granting plaintiffs motion in limine. If defendants can satisfy the requirements of La. R.S. 13:3714, then the medical records, including the blood alcohol test result, are admissible as prima facie proof of their contents. The weight given the records by the jury will be affected by the evidence introduced regarding the quality of the testing procedures and other relevant factors. Accordingly, defendants’ application is granted and the trial court’s ruling on the motion in limine is reversed. Judd v. State, DOTD, 95-1052 (La.11/27/95), 663 So.2d 690.

CALOGERO, C.J., would deny the writ. KIMBALL, J., would deny the writ. KNOLL, J., would deny the writ.

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816 So. 2d 858, 2002 WL 1263917, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bazer-ex-rel-etie-v-honda-motor-co-la-2002.

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