Chastity Bergeron, individually and on behalf of her minor children, Kyle Bergeron and Gabrielle Bergeron v. Jonathan Forwood, Cummins Mid-South, LLC, Zurich American Insurance Company, and The State of Louisiana, Through the Department of Transportation and Development
Opinion
STATE OF LOUISIANA
COURT OF APPEAL, FIRST CIRCUIT
CHASTITY BERGERON, NO. 2020 CW 0008 INDIVIDUALLY AND ON BEHALF PAGE I OF 2) OF HER MINOR CHILDREN, KYLE BERGERON AND GABRIELLE BERGERON
VERSUS
JONATHAN FORWOOD, CUMMINS MID - SOUTH, LLC, ZURICH AMERICAN INSURANCE COMPANY,
AND THE STATE OF LOUISIANA, THROUGH THE DEPARTMENT OF TRANSPORTATION AND DEVELOPMENT
CONSOLIDATED WITH
BRADLEY BERGERON
A1: 1 = 0161
JONATHAN FORWOOD, CUMMINS MID - SOUTH, LLC, ZURICH AMERICAN INSURANCE COMPANY, AND THE STATE OF LOUISIANA, MAR D 3 2020
THROUGH THE DEPARTMENT OF TRANSPORTATION AND DEVELOPMENT
In Re: The State of Louisiana, through the Department of
Transportation and Development, applying for supervisory writs, 17th Judicial District Court, Parish of Lafourche, No. 127224 c/ w 127290.
BEFORE: WHIPPLE, C. J., GUIDRY AND BURRIS,' JJ.
WRIT GRANTED IN PART AND DENIED IN PART. The portions of
the trial court' s November 22, 2019 judgment which ordered the State of Louisiana, through the Department of Transportation and Development, to produce all complaints generated by third parties regarding the subject intersection for ten years prior
to August 16, 2016 and to produce accident report item numbers for each accident occurring within one mile of the subject
intersection for five years prior to May 4, 2014 are reversed.
The State of Louisiana, through the Department of Transportation and Development, sufficiently met its burden of establishing
that this information constituted data collected or compiled
specifically pursuant to 23 U. S. C. 409 to foster an effective
highway safety improvement program and for use in meeting federal requirements. The motion to filed by plaintiff compel
is denied as to the requests directed to the State of Louisiana, through the Department of Transportation and Development, for
Judge William J. Burris, retired, serving pro tempore by special appointment of the Louisiana Supreme Court.
STATE OF LOUISIANA
COURT OF APPEAL, FIRST CIRCUIT
NO. 2020 CW 0008 PAGE 2 OF 2)
complaints generated by third parties regarding the subject
intersection and for accident report item numbers for each
accident occurring within one mile of the subject intersection. The writ is denied in all other respects. We pretermit whether the accident reports be could obtained by plaintiffs through another agency. See Irion v. State ex rel. Dept. of Transportation and Development, 98- 2616 ( La. 1st App. Cir.
5/ 12/ 00), 760 So. 2d 1220, writ denied, 2000- 2365 ( La. 11/ 13/ 00), 773 So. 2d 727, in which accident reports were found not
privileged because they were collected and compiled by the Department of Public Safety, not the Department of
Transportation and Development, and were not compiled for the
purpose of obtaining federal funds or to enforce safety.
VGW
JMG WJB
COURT OF APPEAL, FIRST CIRCUIT
r`
D ; PU T CLERK OF YCOURT
FOR THE COURT
Free access — add to your briefcase to read the full text and ask questions with AI
Chastity Bergeron, individually and on behalf of her minor children, Kyle Bergeron and Gabrielle Bergeron v. Jonathan Forwood, Cummins Mid-South, LLC, Zurich American Insurance Company, and The State of Louisiana, Through the Department of Transportation and Development (Chastity Bergeron, individually and on behalf of her minor children, Kyle Bergeron and Gabrielle Bergeron v. Jonathan Forwood, Cummins Mid-South, LLC, Zurich American Insurance Company, and The State of Louisiana, Through the Department of Transportation and Development) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.