Ebony Brown v. Berkshire Hathaway Homestate Insurance Company, Arthur Weatherspoon d/b/a A Weatherspoon Trucking, Daniel Johnson, and State Farm Mutual Automobile Insurance Company (in its capacity as uninsured/underinsured motorist carrier)

Louisiana Court of Appeal

Ebony Brown v. Berkshire Hathaway Homestate Insurance Company, Arthur Weatherspoon d/b/a A Weatherspoon Trucking, Daniel Johnson, and State Farm Mutual Automobile Insurance Company (in its capacity as uninsured/underinsured motorist carrier)

Louisiana Court of Appeal·Decided April 8, 2022·No. 2022CW0019·Unknown

Opinion

STATE OF LOUISIANA

COURT OF APPEAL, FIRST CIRCUIT

I: 1 1,1011M•i_ 1go]W1I NO. 2022 CW 0019

VERSUS

BERKSHIRE HATHAWAY HOMESTATE INSRUANCE [ sic] COMPANY, ARTHUR WEATHERSPOON D/ B/ A WEATHERSPOON TRUCKING, DANIEL JOHNSON, AND STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY ( IN ITS CAPACITY AS APRIL 8, 2022

UNINSURED/ UNDERINSURED MOTORIST CARRIER)

In Re: Berkshire Hathaway Homestate Insurance Company, Arthur Weatherspoon d/ b/ a Weatherspoon Trucking, applying for supervisory writs, 19th Judicial. District Court, Parish of East Baton Rouge, No. 666793.

BEFORE: MCCLENDON, WELCH, AND THERIOT, JJ.

WRIT DENIED. The criteria set forth in Herlitz Construction Co., Inc. v. Hotel Investors of New Iberia, Inc., 396 So. 2d 878 ( La. 1981)( per curiam) are not met.

PMC

JEW

Theriot, J., concurs in part and dissents in part. I would grant the writ in part and deny the portion of plaintiff' s

motion in limine as to evidence regarding plaintiff' s attorney' s referral of plaintiff to her treating physicans. See Talbot v. Elec. Ins. Co., 2017- 299- SDD- EWD ( M. D. La. Nov. 16, 2018), 2018 WL 8224789; Gunn v. Robertson, 2001- 347 ( La. 5th Cir.

App.

11/ 14/ 01), 801 So. 2d 555, 566, writs denied, 2002- 0170, 2002- 0176 ( La. 3/ 22/ 02), 811 So. 2d 942.

COURT OF APPEAL, FIRST CIRCUIT

DEPUTY CL RK OF COURT FOR THE COURT

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STATE OF LOUISIANA

COURT OF APPEAL, FIRST CIRCUIT

I: 1 1,1011M•i_ 1go]W1I NO. 2022 CW 0019

VERSUS

BERKSHIRE HATHAWAY HOMESTATE INSRUANCE [ sic] COMPANY, ARTHUR WEATHERSPOON D/ B/ A WEATHERSPOON TRUCKING, DANIEL JOHNSON, AND STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY ( IN ITS CAPACITY AS APRIL 8, 2022

UNINSURED/ UNDERINSURED MOTORIST CARRIER)

In Re: Berkshire Hathaway Homestate Insurance Company, Arthur Weatherspoon d/ b/ a Weatherspoon Trucking, applying for supervisory writs, 19th Judicial. District Court, Parish of East Baton Rouge, No. 666793.

BEFORE: MCCLENDON, WELCH, AND THERIOT, JJ.

WRIT DENIED. The criteria set forth in Herlitz Construction Co., Inc. v. Hotel Investors of New Iberia, Inc., 396 So. 2d 878 ( La. 1981)( per curiam) are not met.

PMC

JEW

Theriot, J., concurs in part and dissents in part. I would grant the writ in part and deny the portion of plaintiff' s

motion in limine as to evidence regarding plaintiff' s attorney' s referral of plaintiff to her treating physicans. See Talbot v. Elec. Ins. Co., 2017- 299- SDD- EWD ( M. D. La. Nov. 16, 2018), 2018 WL 8224789; Gunn v. Robertson, 2001- 347 ( La. 5th Cir.

App.

11/ 14/ 01), 801 So. 2d 555, 566, writs denied, 2002- 0170, 2002- 0176 ( La. 3/ 22/ 02), 811 So. 2d 942.

COURT OF APPEAL, FIRST CIRCUIT

DEPUTY CL RK OF COURT FOR THE COURT

Ebony Brown v. Berkshire Hathaway Homestate Insurance Company, Arthur Weatherspoon d/b/a A Weatherspoon Trucking, Daniel Johnson, and State Farm Mutual Automobile Insurance Company (in its capacity as uninsured/underinsured motorist carrier), (La. Ct. App. 2022).

Pincite

Ebony Brown v. Berkshire Hathaway Homestate Insurance Company, Arthur Weatherspoon d/b/a A Weatherspoon Trucking, Daniel Johnson, and State Farm Mutual Automobile Insurance Company (in its capacity as uninsured/underinsured motorist carrier) (Ebony Brown v. Berkshire Hathaway Homestate Insurance Company, Arthur Weatherspoon d/b/a A Weatherspoon Trucking, Daniel Johnson, and State Farm Mutual Automobile Insurance Company (in its capacity as uninsured/underinsured motorist carrier)) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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