Frederick Brown v. United Specialty Insurance Company, Pathology Group of Louisiana, APMC and Tianna Ell

• Court: Louisiana Court of Appeal
• Decided: September 3, 2020
• Docket: 2020CW0804
• Status: Unknown

Opinion

STATE OF LOUISIANA

COURT OF APPEAL, FIRST CIRCUIT

FREDERICK BROWN NO. 2020 CW 0804

VERSUS

UNITED SPECIALTY INSURANCE COMPANY, PATHOLOGY GROUP OF LOUISIANA, APMC AND TIANA SEPTEMBER 03, 2020 ELL

In Re: Fireman' s Fund Insurance Company, applying for supervisory writs, 19th Judicial District Court, Parish of East Baton Rouge, No. 657073.

BEFORE: MCCLENDON, WELCH, THERIOT, HOLDRIDGE AND WOLFE, JJ.

STAY DENIED; WRIT GRANTED. The trial court' s September 1, 2020 ruling which granted plaintiff' s motion in limine to exclude plaintiff' s Social Security Administration records is reversed. See Gilchrist v. Ozone Spring Water Co., 93- 2515 ( La. App. 4th Cir. 6/ 30/ 94), 639 So. 2d 489, 495- 96. Plaintiff' s motion in limine seeking to exclude plaintiff' s Social Security Administration records is denied.

PMC JEW

MRT

Holdridge, J., concurs in part and dissents in part. From the showing made, relator failed to establish that the records are admissible in the relator' s case - in -chief. However, the court erred in omitting the records for all purposes as the records may be admissible for impeachment purposes on cross- examination or other purposes to discredit the testimony of a witness. I concur with the denial of the stay request.

Wolfe, J., concurs in part and dissents in part. I concur

with the denial of the stay request, but dissent and would deny the writ.

DEPUTY CLERK OF COURT FOR THE COURT