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)

CourtLouisiana Court of Appeal
DecidedApril 8, 2022
Docket2022CW0019
StatusUnknown

This text of 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)) is published on Counsel Stack Legal Research, covering Louisiana Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
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).

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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Related

Herlitz Const. Co., Inc. v. Hotel Investors of New Iberia, Inc.
396 So. 2d 878 (Supreme Court of Louisiana, 1981)
Gunn v. Robertson
801 So. 2d 555 (Louisiana Court of Appeal, 2001)

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Bluebook (online)
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), Counsel Stack Legal Research, https://law.counselstack.com/opinion/ebony-brown-v-berkshire-hathaway-homestate-insurance-company-arthur-lactapp-2022.