Leonel Gonzalez v. T.H.E. Insurance Company, Crescent City Amusements, LLC, and Oscar Parra

• Court: Louisiana Court of Appeal
• Decided: July 18, 2022
• Docket: 2022CW0420
• Status: Unknown

Opinion

STATE OF LOUISIANA

COURT OF APPEAL, FIRST CIRCUIT

LEONEL GONZALEZ NO. 2022 CW 0420

VERSUS

T. H. E. INSURANCE COMPANY, CRESCENT CITY AMUSEMENTS, LLC, AND OSCAR PARRA JULY 18, 2022

In Re: T. H. E. Insurance Company, Crescent City Amusements, LLC, and Oscar Parra, applying for supervisory writs, 19th Judicial District Court, Parish of East Baton Rouge, No. 699398.

BEFORE: HOLDRIDGE, PENZATO, AND LANIER, JJ.

WRIT GRANTED. The purpose for providing limitations on

medical examinations under Louisiana Code of Civil Procedure article 1464 is to restrict the circumstances under which a

party may be required to submit his mind or body for examination, thus balancing considerations of the sanctity of

the body and the right to privacy with considerations of

fairness in the judicial quest for truth. Hogan v. Morgan, 2006- 0808 ( La. App. 1st Cir. 4/ 26/ 07), 960 So. 2d 1024, 1028, writ

denied, 2007- 1122 ( La. 9/ 14/ 07), 963 So. 2d 1000. Nevertheless, a

physician conducting an Additional Medical Opinion examination

is allowed to inquire into the facts of the underlying automobile accident for purposes of a reliable and meaningful

diagnosis. Chaisson v. Hartford Ins. Co., 549 So. 2d 1297, 1298 La. App. 3d Cir. 1989) & Simon v. Castille, 174 So. 2d 660, 665- 66 ( La. App. 3d Cir. 1965). Accordingly, the district court' s

March 22, 2022 judgment is amended, such that the AMO physician may inquire from plaintiff the facts of the accident involved in the instant litigation, but may not ask questions that are

unnecessary with respect to the physical examination and which

tend to bear only on the question of liability.

GH

AHP WIL

M- J4

DEPUTY CLERK OF COURT FOR THE COURT