Charlotte Bethly and Nicole Davis, obo her minor children, Nakiya Davis and Khloe Davis v. Ace American Insurance Company, JB Hunt Transport, Inc. and Darris Jennings

• Court: Louisiana Court of Appeal
• Decided: October 21, 2021
• Docket: 2021CW1204
• Status: Unknown

Opinion

STATE OF LOUISIANA

COURT OF APPEAL, FIRST CIRCUIT

CHARLOTTE BETHLY AND NICOLE NO. 2021 CW 1204 DAVIS, OBO HER MINOR CHILDREN, NAKIYA DAVIS AND

KHLOE DAVIS

VERSUS

ACE AMERICAN INSURANCE OCTOBER 21, 2021 COMPANY, JB HUNT TRANSPORT,

INC. AND DARRIS JENNINGS

In Re: Ace American Insurance Company, JB Hunt Transport, Inc. and Darris Jennings, applying for supervisory writs, 18th Judicial District Court, Parish of

Iberville, No. 80228.

BEFORE: McCLENDON, WELCH, AND THERIOT, JJ.

WRIT DENIED. Although La. Code Civ. P. art. 1464 allows

the court to order a party to submit to an additional medical

opinion regarding an examination by a vocational rehabilitation

expert or a licensed clinical psychologist who is not a

physician, for good cause and provided the party has given

notice of intention to use such an expert, I find that

neuropsychologists and vocational rehabilitation/ lifecare

planner experts are not specifically covered by La. Code Civ. P. art. 1464. JEW

Theriot, J., concurs in denying the writ.

McClendon, J., concurs. At present, relators have failed to establish good cause as required by La. Code Civ. P. art.

1464 for the requested additional examinations. The ability of the moving party to obtain the desired information by other means is relevant in deciding whether good cause exists. See Williams v. Smith, 576 So. 2d 448, 452 ( La. 1991). None of

plaintiff' s experts have yet been deposed. Therefore, I am

unable to find that the moving party has demonstrated, as

required by La. Code Civ. P. art. 1464, the existence of good

cause.

DEPUTY CLERK OF COURT FOR THE COURT