John W. Tew, II v. United Services Automobile Association, Timothy Andries and GEICO General Insurance Company

Opinion

STATE OF LOUISIANA

COURT OF APPEAL, FIRST CIRCUIT

JOHN W. TEW, II NO. 2021 CW 1166

VERSUS

UNITED SERVICES AUTOMOBILE ASSOCIATION, TIMOTHY ANDRIES AND GEICO GENERAL INSURANCE COMPANY

CONSOLIDATED WITH

JOHN W. TEW, II

GOAUTO INSURANCE COMPANY AND SEPTEMBER 29, 2021 EARL V. HUTTON

In Re: United Services Automobile Association, applying for supervisory writs, 19th Judicial District Court, Parish of East Baton Rouge, No. 656812 c/w 657425.

BEFORE: McDONALD, LANIER, AND WOLFE, JJ.

WRIT GRANTED. The trial court's ruling excluding potential impeachment evidence on grounds of insufficient or untimely disclosure is reversed. Impeachment evidence does not have to be disclosed prior to trial. Davis v. AMS Tube Corp., 2002-2427 La. App. 1st Cir. 12/31/03), 868 So.2d 141, writ denied, 2004- 0286 ( La. 3/26/04), 871 So.2d 354, citing, Johnson v. State, DOA, 510 So.2d 87, 90 ( La. App. 1st Cir. 1987). Further, Appendice 9.14 ( G) & ( H) of the Nineteenth Judicial District Rules do not require pretrial disclosure of impeachment evidence and witnesses. Therefore, we find the trial court abused its discretion in excluding the evidence on this basis.

JMM WIL EW

OF COURT FOR THE COURT