Lewis v. Warner

Supreme Court of Louisiana

Lewis v. Warner

639 So. 2d 1182, 1994 La. LEXIS 1779, 1994 WL 324523

CourtSupreme Court of Louisiana

DecidedJuly 1, 1994

DocketNo. 94-CC-1643

StatusPublished

Cited by1 cases

This text of 639 So. 2d 1182 (Lewis v. Warner) is published on Counsel Stack Legal Research, covering Supreme Court of Louisiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Lewis v. Warner, 639 So. 2d 1182, 1994 La. LEXIS 1779, 1994 WL 324523 (La. 1994).

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Opinion

In re Lewis, Willie C.; — Plaintiff(s); applying for writ of certiorari and/or review; to the Court of Appeal, Fourth Circuit, No. 94CW-0843; Parish of Orleans, Civil District Court, Div. “G”, No. 92-12609.

Granted. The decision of the court of appeal is vacated. The plaintiff is not entitled to blanket production of the insurer’s file. Broussard v. State Farm Mut. Auto. Ins. Co., 519 So.2d 136 (La.1988). However, the file may contain material that is discoverable, material that is privileged and material that while privileged, may be subject to discovery if the plaintiff can show prejudice, undue hardship, or injustice by the denial of production. LSA-C.C.P. art. 1424; Stelly v. Mouret, 609 So.2d 827 (La.1992). The case is remanded to the trial court for the trial judge to conduct an in camera inspection of [1183]*1183any material the insurer claims is privileged and to determine its discoverability.

DENNIS, J., not on panel.

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In re Lewis, Willie C.; — Plaintiff(s); applying for writ of certiorari and/or review; to the Court of Appeal, Fourth Circuit, No. 94CW-0843; Parish of Orleans, Civil District Court, Div. “G”, No. 92-12609.

Granted. The decision of the court of appeal is vacated. The plaintiff is not entitled to blanket production of the insurer’s file. Broussard v. State Farm Mut. Auto. Ins. Co., 519 So.2d 136 (La.1988). However, the file may contain material that is discoverable, material that is privileged and material that while privileged, may be subject to discovery if the plaintiff can show prejudice, undue hardship, or injustice by the denial of production. LSA-C.C.P. art. 1424; Stelly v. Mouret, 609 So.2d 827 (La.1992). The case is remanded to the trial court for the trial judge to conduct an in camera inspection of [1183]*1183any material the insurer claims is privileged and to determine its discoverability.

DENNIS, J., not on panel.

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Bluebook (online)

639 So. 2d 1182, 1994 La. LEXIS 1779, 1994 WL 324523, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lewis-v-warner-la-1994.

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