Cecelia Perkins v. Numotion and/or United Seating and Mobility, L.L.C., and Pride Mobility Products Corporation

Opinion

STATE OF LOUISIANA

COURT OF APPEAL, FIRST CIRCUIT

CECELIA PERKINS NO. 2020 CW 0993 PAGE 1 OF 2 VERSUS

NUMOTION AND/ OR UNITED SEATING OCTOBER 22, 2020 AND MOBILITY, L. L. C., AND

PRIDE MOBILITY PRODUCTS CORPORATION

In Re: Numotion and/ or United Seating and Mobility, LLC and

Pride Mobility Products Corporation, applying for

supervisory writs, 19th Judicial District Court, Parish of East Baton Rouge, No. 668177.

BEFORE: WHIPPLE, C. J., GUIDRY, HIGGINBOTHAM, CHUTZ, AND

LANIER, JJ.

WRIT GRANTED. The district court' s September 17, 2020 judgment, granting plaintiff/ respondent, Cecelia Perkins' s,

Motion to Compel Discovery is reversed. An admission by a party in a pleading constitutes a judicial confession, which has the

effect of waiving evidence as to the subject of the admission.

C. T. Traina, Inc. v. Sunshine Plaza, Inc., 2003- 1003 ( La. 12/ 3/ 03), 861 So. 2d 156, 159 ( per curiam). Defendants/ relators,

Numotion and/ or United Seating and Mobility, LLC and Pride

Mobilitly Products Corporation, judicially confessed to sole

fault in their Amended Answer to the Petition for Damages and

the Restated Petition for Damages. Accordingly, depositions

concerning defendants' fault do not expedite the litigation, narrow the area of controversy, or otherwise avoid unnecessary testimony. See Lehmann v. American Southern Home Ins. Co., 615 So. 2d 923, 925 ( La. App. 1st Cir.), writ denied, 617 So. 2d 913 La. 1993). Accordingly, Perkins' s Motion to Compel Depositions

is denied.

JMG TMH WRC

WIL

Whipple, C. J., dissents. Discovery serves the purpose of

affording the parties a full and fair opportunity to obtain

facts pertinent to litigation; discovering the true facts and compelling disclosure of these facts wherever they may be found; assisting litigants in preparing their cases for trial;

narrowing and clarifying the basic issues between the parties;

and facilitating and expediting the legal process by encouraging settlement or abandonment of less than meritorious claims. The

discovery statutes are therefore liberally and broadly construed to ensure these objectives are met. Quality Environmental Processes, Inc. v. I. P. Petroleum Co., Inc., 2013- 1582 ( La. 5/ 7/ 14), 144 So. 3d 1011, 1026. Further, a party generally may obtain discovery of any information which is relevant to the

subject matter involved in the pending action. La. Code Civ. P. art. 1422. Moreover, a trial court has broad discretion in ruling on discovery matters. Id. STATE OF LOUISIANA

NO. 2020 CW 0993 PAGE 2 OF 2

I find the trial court did not abuse its broad discretion

in granting plaintiff' s Motion to Compel Depositions, as

information revealed therein may allow for the development of

additional claims on behalf of plaintiff or others:

Additionally, as these depositions will be conducted virtually, and do not necessitate the need for travel to Pennsylvania, any additional expenses incurred in their taking would be minimal.

Accordingly, I would deny the writ and allow depositions of the

identified Pride employees to take place.

DEPUTY CLERK OF COURT FOR THE COURT